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Definitions

Adjudication:

The decision-making step of the investigation and resolution process. Adjudicators are designated NSU officials who have specialized training in areas such as how to evaluate information and credibility, how trauma can affect the brain and memory, and NSU’s policies and procedures.

Adviser:

A person selected by the reporting party or responding party to accompany them in any related meeting or proceeding to which the party (respondent or reporting party) is invited. Advisers are not permitted to speak on the behalf of a student, employee, or complainant, or to participate directly in any meeting or hearing. The adviser’s role is to support/assist the individual who selected them through activities such as passing notes, providing emotional support, and consultation during breaks in proceedings. If a participant receives accommodation under ADA for service provided by a person or requires language interpretation, the participant may still have a separate adviser.

Proceedings:

All activities related to the resolution of an institutional disciplinary complaint including, but not limited to, investigation meetings, formal or informal meetings, and hearings. Proceedings do not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim, or criminal resolution procedures conducted by law enforcement or the courts to determine if a law was violated.

Reporting Party:

The individual who reports the misconduct. In cases where a victim of sexual violence is not the original reporting party, or where NSU initiates an investigation based on notice received outside of a formal report, that victim still has the opportunity to participate in the investigation/resolution, may still receive notice of the result, and retains rights as a victim regardless of participation in the accountability or discipline process.

Responding Party:

The individual or entity that has been reported to have engaged in misconduct and has the opportunity to respond to the report and the information obtained in the investigation.

Result:

Any initial, interim, and final decision(s) by any official or entity authorized to resolve disciplinary matters within the institution. The notice of outcome will include any sanctions imposed by the institution in relation to violation(s) of the Sexual Misconduct Policy, as well as a rationale for the decision(s) made.

Standard of Proof:

The standard of proof used to determine whether the Sexual Misconduct Policy was violated is the “preponderance of the evidence” or “more likely than not” standard. This is often described as “greater than 50 percent.”

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