62 Nova Southeastern University Student Handbook them of the findings and rationale. If there are any concerns for safety, the university official overseeing the complaint, or designee, make take appropriate measures to provide the notice of outcomes in a way that protects the safety of those involved. j. Appeals A party (complainant or respondent) may appeal a determination of responsibility and/or the dismissal of all or part of a complaint of harassment or discrimination, in writing, based on any of the following: • Procedural irregularity that affected the outcome, • New evidence that was not reasonably available at the time the decision was made that could affect the outcome. • The investigator(s) or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents, generally, or the individual complainant or respondent that affected the outcome. Appeals must be submitted in writing within five calendar days of the issuance of the decision. If an appeal is received, the other party will be notified and both have the opportunity to submit, in writing, any information they wish to have considered by the appeals officer. Appeals will be reviewed and responded to, in writing, within two weeks of receipt. Appeals of decisions are heard by the vice president of Student Affairs or designee. The decision of the appeals officer is final. k. Remediating Discrimination Discrimination and/or harassment are not tolerated at NSU. The university is committed to taking necessary remedial steps that are designed to stop the discrimination, correct its effects, and prevent the discrimination from recurring. Such actions may or may not be the action that the reporting party requests or prefers. Steps may be specific to the parties involved or may be aimed at a broader group. Typical steps range from counseling (which may be either remedial counseling for the respondent, or supportive counseling for the reporting party) or training or separation of the parties to discipline of the respondent, including a written warning, probation, suspension, demotion, transfer, expulsion, or termination for cause. The appropriate discipline will depend on the nature and severity of the conduct, the respondent’s overall record, the applicable policy on discipline, and other factors where relevant. l. Retaliation The law prohibits retaliation. No person nor NSU may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in a discrimination investigation or proceeding. NSU will immediately investigate and remedy (if appropriate) any reported retaliatory actions taken by the respondent or other individuals.
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