FAQs for Advisors and Attorneys

As an advisor, you are able to be present to provide support to the student or to assist them in ways with which you are comfortable. In this role, you do not participate actively within the process, but you may discreetly advise or communicate with the student or pass written notes. The student may also request, within reason, to pause the meeting to confer with you privately.

As part of a student's right set forth in the University of Nebraska Student Code of Conduct, a student is allowed to have an advisor present with them or to have an advisor review or discuss their case with the Office of Student Conduct & Community Standards. The student must complete a FERPA waiver in order for the staff to speak specifically about a case. Anyone may serve as an advisor for the student and is typically someone they feel comfortable speaking with or is familiar with what was reported.

A student/student organization may choose anyone that is not involved as a witness or participant in the case to serve as an advisor, including an attorney. The student/student organization is responsible for any fees that the advisor may charge. An advisor may provide guidance to the student but may not otherwise directly participate in the conduct process.

No. The purpose of the advisor is to provide the student/student organization with support, guidance, and advice. Whether the advisor is an attorney, a parent, a faculty member, or a friend, they may provide guidance to the student, but they may not otherwise directly participate in the Student Conduct process.

No. Students/student organizations are expected to speak for themselves in all Student Conduct proceedings. Advisors are not allowed to speak directly for the student/student organization, which includes asking questions. If you have valuable, first-hand information about the incident, you should serve as a witness and should encourage the student to choose another advisor.

We will always try to include the student, and we would encourage the student to ask procedural questions throughout the Student Conduct process. If an advisor has a question about the process at any point prior to the hearing, we encourage the advisor to ask their question. We will include the student in this conversation, but we understand there may be procedural questions that can better help the advisor understand our process and we want to avoid the student being confused or surprised at any point in the Student Conduct process. However, any questions that might arise during a hearing should be shared with the student, so that they may raise the procedural question.

The Office of Student Conduct & Community Standards will work directly with the student/student organization, so if you have questions, the student will be the best source of information about the incident. If you have general questions about the process or about your role as an advisor, you can call to arrange a time to discuss this with the Conduct Officer assigned to the case by calling (402) 472-2021.

It is the student/student organization's responsibility to reschedule if there is a conflict; there are specific deadlines by which they need to reschedule, so it is important that you communicate a conflict with the student/student organization as soon as possible. Additionally, while rescheduling is possible, it cannot unduly delay the Student Conduct process.

The student/student organization can call to reschedule an appointment. The Student Conduct process cannot be unduly delayed based on the availability of their advisor.

We encourage all advisors to review the relevant sections of the University of Nebraska Student Code of Conduct. Additionally, it would be helpful for you to discuss the incident with the student/student organization, discuss potential questions, and review their statements. It can also be extremely helpful for advisors to be supportive and prepared to provide advice to the student either during the meeting or afterwards, as they consider the options for moving forward in the process.

The University of Nebraska Student Code of Conduct specifies that all investigations and determinations are based on a greater weight of the evidence. The greater weight of evidence means evidence sufficient to make the alleged violation(s) more likely true than not. If the evidence is evenly balanced, or if it weighs in favor of the student/student organization, then the student/student organization is found not in violation of the alleged violation(s).

The University of Nebraska Student Code of Conduct provides students with the following rights:

• Receive advanced notice of the alleged violation(s) of the Code that will be discussed at the meeting.
• Not required to discuss the alleged violation(s) with the Conduct Officer.
• Right to be accompanied by an advisor when the student meets with the Conduct Officer, and the advisor may be anyone, including an attorney.
• Advisors may provide guidance to the student but may not otherwise directly participate in the conduct process. The conduct process shall not be unduly delayed based on the availability of the student's advisor.

The University of Nebraska reserves the right to address off-campus behavior if the incident arises out of a student's membership in the campus community or has impacted or is likely to impact the University community. The University of Nebraska Student Code of Conduct specifies locations in which the Code applies in Section I, Subsection D.

The Student Conduct process at the University of Nebraska is an educational administrative process. At the discretion of the Office of Student Conduct & Community Standards, conduct action at the University may be delayed or continue to move forward while the criminal/civil proceedings are pending or in progress.

No. The University of Nebraska Student Conduct process is an educational administrative process; therefore, double-jeopardy does not apply.

The Office of Student Conduct & Community Standards will provide notice of all meetings/hearings and encourages all student/student organizations to participate in the Student Conduct process. If the student/student organization does not participate, a decision will be made based on the information provided to the Conduct Officer. The Conduct Officer responsible for the case will offer an Administrative Resolution electronically, and the student/student organization may choose one of the following options:

• Admit to the violation of the University of Nebraska Student Code of Conduct and accept the proposed Administrative Resolution and the responses listed in the Administrative Resolution.
• Do not admit the violation of the University of Nebraska Student Code of Conduct and accept the proposed Administrative Resolution and the responses listed in the Administrative Resolution.
• Do not accept the proposed Administrative Resolution and acknowledge that this case may be forwarded to a Hearing Officer or University Conduct Board.

If the student/student organization does not respond to an Administrative Resolution, the Administrative Resolution will be considered accepted, unless the outcome includes suspension or expulsion. In cases where a student does not respond to an Administrative Resolution that recommends suspension or expulsion, the case will be forwarded to a University Conduct Board.

The Office of Student Conduct & Community Standards is responsible for recording each University Conduct Board Hearing. No other party may record the proceedings. The student/student organization may make a written request for a copy of the recording. The Office of Student Conduct & Community Standards does not provide transcripts.

A student/student organization can appeal the decision from a University Conduct Board Hearing to the Appeals Officer. An appeal is limited to the following grounds:

1. the evidence presented at the hearing was insufficient to allow a reasonable person to conclude that the charges were more likely true than not;
2. the response was clearly excessive in light of all the circumstances; or
3. the Hearing Officer or University Conduct Board failed to follow the procedures and as a result of the failure, there is a substantial likelihood that the decision is wrong.

Evidence that was not presented at the hearing may not be considered on appeal. Newly discovered evidence may be grounds for a rehearing. For more information about new evidence, see the University of Nebraska Student Code of Conduct, Section IV, subsection J.

A student/student organization must send an e-mail to the person identified in the letter of decision and attach a letter that explains the reasons why the decision should be overturned. The appeal must be received within ten (10) University days of the date on the decision letter. An appeal may affirm the decision, overturn the decision being appealed and specify that the charges be dismissed or that a new hearing be held, or it may modify any University responsive that was clearly excessive. The decision of the Appeals Officer or Appeals Board is final.