Code of Conduct

I. Purpose and Authority Regarding Student Conduct Process

The purpose of a student conduct process is to establish the factual record of an alleged violation of the Code of Student Conduct. The procedures outlined do not attempt to recreate or approximate a court of law. Procedures shall reflect standards of fundamental fairness, and minor deviations from procedural guidelines suggested in this Code shall not invalidate a decision or process unless significant prejudice to the respondent or the Institute may result, as determined by the Associate Provost, Dean, or designee.
Authority for managing student conduct is entrusted to Institute administrators, faculty, and committees and through authority delegated by the Institute Board of Trustees. In investigating and hearing matters of alleged conduct that is inconsistent with this Code, the Institute, through its senior academic leadership (e.g., Associate Provost, Dean, or designee) will form and utilize a Hearing Panel, which may include members of the faculty, staff, and student body. The chair of the Hearing Panel should be a member of the faculty. The Hearing Panel will make recommendations to the relevant senior academic leader (e.g., Dean), who will, in turn, render a decision and communicate with the student in writing. The decision of the senior academic leader (e.g., Dean) is final and conclusive.
The Code, and any statements of procedure included in the Statement of Student Rights and Responsibilities, do not apply in any proceedings or matters addressed through the Title IX Sexual Misconduct Policy or through the Academic Integrity Policy.

II. Definitions

Whenused in this Code,

“Distribution” means any form of sale, exchange, or transfer.
“Group” means a number of persons who are associated with each other, but who are not part of an Institute-endorsed student organization.
“Hearing body” means any entity tasked with resolving matters under this Code. This can include but is not limited to presiding officers and the Hearing Panel.
“Institution” and “Institute” mean The MGH Institute of Health Professions and all its schools, departments, divisions, and programs.
“Organization” means any number of persons who have been recognized by the Institute as a student organization.
“Protected characteristics” as used in this Code means those personal traits, characteristics, and/or beliefs that are defined by applicable law as protected from unlawful discrimination and/or harassment. They include age, color, disability, gender, gender identity or expression, genetic information, marital or familial status, national origin, pregnancy, race, religion, sex, sexual orientation, veteran status, and/or other characteristics protected by applicable law.
“Respondent” means any individual student, organization, or group charged with a violation under this Code.
“Student” means any person currently enrolled whether full-time, part-time, or visiting, on a leave of absence or continuous enrollment, pursuing undergraduate, graduate, or non-degree studies, regardless of the pursuit of a degree or of any form of certificate of completion/advanced study. An individual new to the Institute is deemed a student for purposes of this Code on the first day of classes or when participating in any official Institute activity (e.g., orientation), whichever occurs first.
“Campus” means buildings or grounds owned, leased, or controlled by the Institute.
“Institute-sponsored activities” means events and activities initiated by a student, student organization, academic unit, faculty member, or employee that

Are expressly authorized, aided, conducted, or supervised by the Institute; or
Are funded in whole or in part by the Institute; or
Are initiated by a student organization recognized by and/or associated in the name to the Institute.

III. Interpretation of Regulations

The purpose of publishing student conduct regulations is to inform students of prohibited behavior. This Code is not written with the specificity of a criminal statute, and any similarity to the language of any criminal statute does not mean that such language or statute or case(s) applies to the Institute’s student conduct system or is relevant to the interpretation or application of the Code. This Code and any changes to it will be interpreted to comply with applicable legal requirements.

Further, nothing in this Code limits academic freedom, which is a preeminent value of the Institute. This Code shall not be interpreted to abridge academic freedom. Accordingly, in an academic setting, expression that is reasonably designed or reasonably intended to contribute to academic inquiry, education, or debate on issues of public concern does not violate this policy.

IV. Scope and Jurisdiction

This Code shall apply to conduct and behavior that occurs on the Institute campus; at or as part of an Institute academic program or Institute-sponsored activities or events (virtual or in-person); and at events hosted, organized, sponsored, or managed by a recognized student organization (virtual or in-person).
Notwithstanding Section IV(A), the Institute reserves the right to take necessary and appropriate action to protect the safety and well-being of the Institute community. Such action may include taking student conduct action against those students whose behavior off campus premises constitutes a violation of this Code. Students who violate an applicable law also risk the legal penalties prescribed by civil authorities. The Institute may take student conduct action against those students whose conduct off campus premises is a violation of the Code, considering the seriousness of the alleged conduct or proximity to the Institute or Institute -sponsored or affiliated events. This could occur not only in local neighborhoods, but also during learning experiences abroad, internships, fellowships, through virtual settings, or among other situations or settings.
Students may be accountable both to civil authorities and to the Institute for acts that constitute violations of law and of this Code. Student conduct processes at the Institute will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced or that no criminal charges have been brought.

V. Interim Suspension or Removal from Campus

The Dean of Student Services, a Dean of an Institute school, or designee, following consultation with the Provost and Vice President for Academic Affairs or designee, and other Institute administrators, as appropriate, may remove a respondent from campus, or suspend a respondent from the Institute for an interim period not to exceed 21 days, pending student conduct proceedings or medical evaluation. The interim suspension or removal from campus shall become immediately effective without prior notice whenever there is evidence that the continued presence of the respondent in the Institute community poses a threat to any person or to the stability and continuance of normal Institute functions. Interim suspension shall be considered an excused absence.

VI. Designated Officials

A designated official, or a designee, supports the efforts of students, faculty, and staff members in matters involving student conduct and with the ultimate goal of helping guide students to become health professionals and scientists that advance care for a diverse society. The designated official is defined and communicated on a case-by-case basis, but generally is the Dean of Student Services (for matters broadly impacting the Institute or matters within the School of Healthcare Leadership), the Assistant Dean for Student Success (for matters in the School of Nursing), or the Assistant Dean for Faculty and Student Success (for matters in the School of Health and Rehabilitation Sciences). The responsibilities of the designated official, or designee(s), include:

Determining the student conduct charges to be filed according to this Code;
Developing procedures for conflict resolution;
Collecting and disseminating research and analysis concerning student conduct;
Conducting student conduct proceedings, including hearings and conferences;
Interviewing parties and witnesses involved in student conduct proceedings and providing information to them regarding the student conduct process;
Maintaining all student conduct records that are handled through this process;
Resolving cases of student misconduct, including the assignment of sanctions.
Training and advising the Hearing Panels;

VII. Prohibited Conduct

Any student, group, or organization found to have committed misconduct is subject to student conduct action and to the sanctions outlined in this Code. Attempts to commit any of these acts of misconduct are included in the scope of these definitions. Acts of misconduct may occur in person, through a virtual, digital, or online presence, or through electronic media.

A party who is accused of assisting another party in committing a violation of any Institute policy, including this Code, may be subject to the same or similar charges as a directly accused party.

The following are general categories of misconduct subject to student conduct action. Conduct that is addressed through the Institute’s Title IX Sexual Misconduct Policy or through the Academic Integrity Policy. Where conduct involves potential violations of both this Code of Student Conduct and the Title IX Sexual Misconduct Policy, the Institute may investigate that conduct under the Title IX Sexual Misconduct Policy.

Access without Authorization: Entering or remaining on or in any part of any Institute premises without valid permission.

Alcohol/Drug Violations: Possession or use of alcohol by underaged persons; possession or use of alcohol by persons regardless of age that is prohibited by other Institute policies; offering, providing, or otherwise making available any alcoholic beverage to any underaged person; intoxication on Institute premises or public property; possession or use of illegal drugs; abuse of controlled substances or intoxicating substances; possession or use of paraphernalia containing residue from illegally used/possessed drugs, controlled substances, or intoxicating substances; manufacture or distribution of illegal drugs or controlled substances; use or possession of alcohol or other drugs with the intent of causing harm to another.

Community Disturbance: Making excessive noise either inside or outside a building, including but not limited to shouting, pounding objects or surfaces, or playing music or other electronics at a loud volume in a manner that disturbs others.

Discriminatory Misconduct: Prohibited Discrimination is the adverse treatment of an individual or group(s) based on a protected characteristic, rather than individual merit that interferes with an individual’s participation in an Institute program or activity. Examples of conduct that can constitute prohibited discrimination, if based on an individual’s protected characteristic include, but are not limited to, restricting an individual’s continued access to an educational program or activity or participation in a student organization or activity based on a protected characteristic or singling out or targeting an individual for different or less favorable treatment because of their protected characteristic. Discriminatory Harassment is any unwelcome conduct based on a protected characteristic where such conduct creates a hostile environment. This means that an aggrieved party’s subjective perception that certain conduct violates this provision must be objectively reasonable to constitute discriminatory harassment.

Dishonesty and Misrepresentation: Non-academic dishonesty, including but not limited to, misrepresenting information or furnishing false information to Institute officials, misrepresentation of information including but not limited to: age, name, date of birth, or residence; furnishing false or misleading information regarding affiliation with or relationship to the Institute or during any Institute process, including any conduct process; forgery, unauthorized alteration, or unauthorized use or possession of any documents, records, or identification cards, including fraudulent government identification, computer records, misuse of computer facilities, and electronic mailing systems. Academic dishonesty violations will be handled according to the Academic Integrity Policy.

Disorderly Conduct: Disorderly conduct may include, but is not limited to, acting in a manner that threatens, endangers, or harasses others, including but not limited to verbally or in writing; disrupting, obstructing, or interfering with the activities of others, including Institute events; or behaving in a lewd or indecent manner or causing others to do so.

Misconduct Related to Property: Destroying, defacing, damaging, or tampering with the property of others. This includes but is not limited to Institute property.

Non-adherence: Failure to comply with reasonable directions of Institute officials (provided in writing or verbally) acting in performance of their duties. This includes directives to adhere to orders of “no contact,” comply with a barring notice or persona non grata, or to produce identification. Non-adherence may also refer to a failure to comply with reasonable directions of an instructor or administrator acting in performance of their duties at an Institute-affiliated clinical education site or facility.

Outcome Violation: Violating the terms of any student conduct sanction or other outcome assigned in accordance with this Code.

Physical Abuse: Engaging in conduct that is likely to cause physical harm. Degree of harm, intent to harm, and minimal self-defense to prevent a clear and imminent threat may indicate mitigating or exacerbating circumstances.

Regulation Violation: Any violation of other published Institute regulations and policies.

Safety Measures Violation: misuse or damage to safety equipment, such as fire extinguishers, window stops, exit signs, or sprinkler heads; knowingly or negligently causing or attempting to cause a fire in a Institute building; initiating or causing to be initiated any false alarm/report, warning, or threat of fire, explosion, or other emergency; failing to evacuate a building during an emergency drill or actual emergency; intentional or unintentional throwing, dropping, allowing to fall, lowering of, or in any way putting any object, solid or liquid, out of a window or from any building structure including but not limited to a balcony, rooftop deck, stairwell, or any equivalent interior structure of any building; and use or possession of fireworks on Institute premises.

Theft: Theft of property or of services, including when a person is knowingly in possession of stolen property.

Unauthorized Use of the Institute’s Name: Any unauthorized commercial use (including for non-monetary gain) of the Institute’s name, logo, or other representation.

Violation of Law: Violation of federal, state, and/or local law.

Violation of Privacy: Surreptitiously observing, photographing, or recording another person; surreptitiously receiving photographs or recordings of another person; or distributing photographs or recordings of another person, without their permission, in any context in which that person has a reasonable expectation of privacy, or where the instructor has indicated it, is prohibited. In all instances, permission must be granted by all persons being photographed or recorded. In a situation in which it is not acceptable to observe or take a photograph or make a recording, it is also not acceptable to publicly disclose that observation or publish a photograph or recording. Transmission, in print, by phone, via email, via social media, or any other means of technology constitutes publication. Publication of any photograph or recording is also subject to all applicable policies and laws, including copyright, in the same manner as any other image or document. Documentation for the sole purpose of reporting possible violations of law or Institute policy to the relevant officials may be a mitigating factor. Note that this policy does not necessarily alter obligations to follow state, local, or federal laws regarding recordings and privacy.

Weapon Violation: Use or possession of explosives, firearms or other weapons on MGH Institute of Health Professions property.

VIII. Case Referrals

Any person may refer students or student groups, or organizations suspected of violating any part of this Code by submitting a Student Incident Report. This form will be sent directly to the Office of Student Affairs and Services (OSAS).This form is not designed for emergency use. In an emergency, students should contact MGH Police and Security or call 911. For non-emergencies, call security at the main desk in the lobby of the Shouse Building at (617) 726-0528. For all emergencies, call (617) 726-5400.

The designated official or designee will review the reported information to determine whether charges should be brought forward alleging violations of this Code. If charges are not appropriate, the relevant information may still be provided to another appropriate office at the Institute for further review and follow-up. Additionally, the designated official may offer the involved parties options and services regarding informal conflict management and resolution (e.g., Ombuds, mediation).
In cases where the designated official or designee determines that outcomes are not likely to include suspension or dismissal, the matter will be referred to a Student Conduct Meeting for resolution. A Student Conduct Meeting will normally consist of an informal, non-adversarial meeting between the respondent and an Institute administrator experienced in such matters. This person shall have all the roles and responsibilities assigned to a “presiding officer” under this Code.
In cases where the designated official or designee determines that outcomes could reasonably include suspension or dismissal, the matter will be referred to a Hearing Panel for resolution.
A Hearing Panel is composed of between three and five members of the Institute community. Members of the panel may include faculty, staff, and/or students. If the alleged misconduct may result in suspension or dismissal from the Institute, whenever possible, a majority of panel members will be faculty and/or staff. Quorum will consist of a simple majority.
Any respondent scheduled for a hearing before a Hearing Panel may elect to have a Student Conduct Meeting instead. In such a case, the meeting will be considered a “Panel-Level Student Conduct Meeting”. If violations are found, the full range of sanctions may be assigned as appropriate, including suspension and dismissal.
In cases where the respondent wishes to accept responsibility, the case may be resolved via a Student Conduct Agreement at the discretion of the designated official or designee. The agreement will include a statement that the respondent accepts a finding of in violation for the alleged violation(s). The agreement will also include sanctions appropriate to the totality of information known about the case. Student Conduct Agreements can include any status sanction, up to and including suspension and dismissal. If a Student Conduct Agreement is reached, the respondent waives all rights to appeal. Student Conduct Agreements take effect when signed by the respondent and the respective Dean (e.g., Dean of Student Services, Dean of Health and Rehabilitation Sciences, Dean of Healthcare Leadership, or Dean of Nursing) or designee. If a respondent declines to accept a Student Conduct Agreement, the case will proceed as originally referred.
When the designated official or designee determines that the initial facts of a case indicate a low-level educational sanction and a warning status sanction (against similar future behavior) is the maximum appropriate outcome, a warning may be issued following the initial review of the case. This warning does not constitute a student conduct record and will not be reported as such to third parties. The respondent may request a fact-finding process to refute the assignment of a warning status and any attending educational sanction. In that event, the respondent will be offered a Student Conduct Meeting.
Any case that arises before or during a summer, academic, or holiday break period may be heard during that same break period if a relevant hearing body is available. Otherwise, the case will be adjudicated during the following academic semester.
In cases that could have resulted in suspension or removal from campus (e.g., those initially referred to a Hearing Panel, regardless of the eventual method of resolution) the recommended outcome will be forwarded to the respective Dean or designee for review. The designated official shall either adopt the sanction recommended by the Panel or assign another or no sanction within their discretion. In cases of suspension or removal from campus, the Provost and Vice President for Academic Affairs or designee, will assign sanctions.

IX. Procedural Guidelines

The following procedural guidelines are generally applicable to all forms of student conduct proceedings unless otherwise noted. These procedures exist to establish standards of fundamental fairness, and minor deviations from procedural guidelines for proceedings suggested in this Code shall not invalidate a decision or proceeding unless significant prejudice to the participating parties, including the Institute, may result, as determined by the Provost and Vice President for Academic Affairs or the Dean of Student Services or designee.
It is expected that all participants in the student conduct process will provide information that is true and correct. Any student who knowingly provides false information during a student conduct process may be charged according to this Code. Any faculty or staff member who knowingly provides false information during a student conduct process will be referred to Human Resources and/or the Office of the Provost, as appropriate.
Student conduct processes will be closed to the public.
Student conduct processes may be recorded. The method used is at the discretion of the designated official or designee.
For cases where a reporting party or complainant requests to participate in a student conduct process, the designated official or designee may authorize the reporting party/complainant to participate to the extent necessary, in the sole determination of the designated official or designee, to create a complete and fair hearing record, including an assessment of harm and how it might be remedied. This participation could include any of the following:

• attending any student conduct proceeding,
• questioning the respondent,
• responding to questions from the respondent and the hearing body,
• presenting witnesses,
• submitting an impact statement describing how the alleged misconduct has affected the reporting party/complainant, or
• receiving information about the outcome, consistent with the law.
Respondents and authorized complainants may challenge a Panel member or presiding officer on the grounds of personal bias before the student conduct proceeding commences. The decision to disqualify a Panel member or presiding officer will be made by the designated official or designee. This decision is final.
Formal rules of evidence will not be applicable in student conduct proceedings described in this Code.
Statements regarding the character of respondents, complainants, and witnesses will not be considered unless deemed directly relevant to specific facts of the case by the designated official or designee. Participating parties are permitted to provide impact statements that address how the reported behavior has affected them and others.
The following rights shall be provided to a respondent in any Institute student conduct proceeding.

i. The right to notice of charges and date of a student conduct proceeding at least three days before that conduct proceeding.

ii. The right to receive notice with enough specificity to reasonably prepare a response.

iii. The right to question and respond to information that will be used to make a decision in a case.

iv. The right to produce witnesses or witness statements on one’s own behalf, including the possibility to present witnesses or witness statements from persons, who are not affiliated with the Institute; to present evidence; to know prior to the proceeding the contents of and the names of the authors of any written statements that may be introduced against themselves and to respond to such statements.

v. The right to request that the designated official call additional witnesses provided such witnesses are reasonably available and would provide information relevant to the charge(s). The Institute will not compel any student witness to participate in any student conduct proceedings.

vi. The right to a decision based upon evidence. The student conduct process does not, however, attempt to adhere to formal rules of evidence, as in a court of law. The reliance upon evidence shall be determined by principles of fundamental fairness.

vii. The right not to be sanctioned unless the hearing body finds by a preponderance of evidence that the respondent is in violation.

viii. The right to be accompanied in all proceedings by a support person (student, faculty, or other) of their choosing and at their own expense. This does not include a right to have the support person participate in the student conduct proceedings or have the proceedings scheduled around the availability of the support person.

ix. The right to appeal decisions to a higher authority or hearing body within the administrative processes provided in this Code.

x. The right to have cases processed in a time frame that balances expediency with thoroughness. This includes the right to be kept informed of any cause of any delays to the extent allowed by law.

xi. The right to reasonable access to the case file will be provided at least three days prior to and during the proceeding. Case files contain student educational records so access will be provided consistent with the Family Educational Rights and Privacy Act of 1974 (“FERPA”). This typically includes the ability for a student to view or listen to the entirety of documents relevant to their individual case, with the identifying information of other students removed. The personal notes of Institute faculty and staff members will not be included in the case file. The case file will be retained by the Institute’s Registrar.
The designated official or designee or the presiding officer may limit the presentation or number of witnesses to prevent repetition or delay or the presentation of irrelevant or immaterial information.
If a respondent or authorized complainant does not appear after written notice, the case will proceed without their participation, and a decision will be made based on the available information.
Any student participant may decline to answer questions or elect not to speak on their own behalf.
In lieu of in-person statements, authenticated written statements or other forms of participation (e.g., virtual) may be accepted at the discretion of the designated official or designee.
The presiding officer will exercise control over the proceedings to maintain proper decorum, avoid needless consumption of time, and achieve orderly completion of the proceeding. Anyone disrupting the proceeding may be removed or excluded from the proceeding by the presiding officer, the designated official or designee. Such disruption is a violation of this Code, and a person may be charged following their disruption and removal.
Only the respondent(s), authorized complainants, and their support person (if applicable) to the alleged violation may be present throughout the proceeding. All respondents, complainants, witnesses, and support persons will be excluded during deliberations. In cases involving multiple respondents and/or authorized complainants, the designated official or designee may require or permit one or more parties to participate from a separate location (e.g., by phone, virtually).
The Panel will question respondents, complainants, and witnesses who participate (whether in-person or remotely) in the proceeding in an effort to establish the factual record. On disputed points, a preponderance of the evidence standard will be used to decide the facts. A “preponderance of the evidence” means that it is “more likely than not” that a fact is true, or an event occurred.
All respondents and authorized complainants may question witnesses who participate (whether in person or remotely) in the proceeding, although in certain cases the Institute may require that such questioning be conducted indirectly and/or from a separate location.
Reports of the proceeding shall include findings of fact and a determination of whether or not the respondent is in violation of the alleged misconduct (the “outcome”). If the Panel or presiding officer finds the respondent to be in violation, the report will also include a recommendation of sanction and a rationale for that recommendation.
The outcome of the proceeding and the sanction (as relevant) shall be rendered, in writing, within a reasonable amount of time after the proceeding is concluded.

X. Representatives and Support Persons

Legal representation is not permitted in any proceeding or meeting, although parties may be accompanied by a support person. The support person may be, but may not act in the role of, an attorney. Support persons may not have another role in the specific case process (e.g., witness). The role of a support person shall be limited to consultation with the person(s) they are advising, and they may not address the Panel or question witnesses. A violation of this limitation may result in a support person being removed from the proceeding at the discretion of the presiding officer or the designated official or designee. Respondents and authorized complainants must notify the designated official if they will have a support person during any student conduct proceeding, and if their support person is an attorney, at least two business days prior to the meeting or student conduct proceeding. The Institute retains the right to have legal counsel present at any meeting or student conduct proceeding.

XI. Sanctions

This Code seeks to preserve flexibility in the assignment of sanctions so that each respondent is afforded appropriate and just treatment. That priority is always balanced with the institution’s goal of providing an effective learning environment for all members.

In each case, the following factors will influence the degree and nature of sanctioning. While some violations will have “typical” outcomes, all sanctioning will consider the totality of the situation, including, but not limited to, the following factors:

• the nature of the violation and the incident itself;
• the impact of the conduct on the individuals involved;
• the impact or implications of the conduct on the Institute community;
• prior misconduct by the respondent, including the respondent’s relevant prior student conduct history, both at the Institute or elsewhere, and any criminal convictions, if such information is available and known;
• any expression of remorse or acceptance of responsibility by a respondent;
• maintenance of a safe and respectful environment conducive to learning;
• protection of the Institute community;
• the necessity of any specific action to eliminate the prohibited conduct, prevent its recurrence, and remedy its effects on members of the Institute community; and,
• any mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each case.

Possible sanctions include, but are not limited to, the following. Most cases will be assigned a status sanction and an active sanction.

A. Status Sanctions - Those sanctions that reflect a change in the respondent’s status in the student conduct system.

i. Warning - An initial directive against similar behavior in the future. For purposes of external reporting, cases resulting in a warning do not create a student conduct record that is subject to release unless a subsequent violation occurs.

ii. Censure - An official written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct will be cause for additional student conduct action.

iii. Disciplinary Probation - Period of probation where additional restrictions or conditions may be assigned. Violations of the student’s probation or additional violations of this Code during the period of probation may result in suspension or dismissal from the Institute if the student is found in violation of new charges.

iv. Limitation of Privileges - Limits access to participate in specified Institute activities or resources for the designated period of time, including but not limited to parking, use of facilities, use of information technology resources, leadership roles in student organizations, participation in student organizations, study abroad, academic honor ceremonies, Institute-related travel, etc., during disciplinary probation or other status sanction terms. This does not limit the ability of other services and offices at the Institute to place more stringent limits on participation on the basis of a student’s conduct record or other circumstances.

v. Suspension - Exclusion from classes and other privileges or activities, including access to Institute premises or Institute-sponsored activities off campus, as set forth in the notice of suspension, for a specified period of time. Any student who is suspended shall not be entitled to any tuition or fee refund and is barred from Institute premises until readmitted to the Institute.

vi. Dismissal: Termination of student status and exclusion from Institute privileges and activities, including access to Institute premises or Institute-sponsored activities off campus, in perpetuity. Any student who is expelled shall not be entitled to any tuition or fee refund and is barred from Institute premises.

vii. Other status sanctions - Other sanctions may be assigned instead of, or in addition to, those specified above. For example, students may be directed to have “no contact” with other students and/or may be forbidden to access specified areas (barring notice, also known as persona non grata) or students may lose access to Institute-sponsored financial aid or scholarships.

B. Active Sanctions - Those sanctions that require action by the respondent in order to be completed.

i. Alcohol and other drug review - This sanction encompasses a variety of assessments and interventions designed to help individuals make choices regarding alcohol and other drug use that are consistent with their goals and continued presence at the Institute. Specific assessments or interventions will be determined by health and medical professionals; the designated official or the Dean of Student Services will make the referral to such professionals. Those assigned this sanction will be required to comply with any and all requirements determined by the health and medical professionals. To the extent permissible under relevant law, those professionals will provide the designated official with a brief summary of what assessments or interventions were assigned, as well as whether or not the respondent completed them. Details of those assessments and interventions will not routinely be provided to the Institute.

ii. Apology - A possible sanction when the respondent’s wish to apologize is demonstrably sincere and the harmed party is open to receiving the apology.

iii. Community engagement - Attendance at or development of an event within the community. The event should be focused on repairing the harm caused to the community, as well as restoring the respondent’s connection to the Institute community.

iv. Community restitution project - A project or activity to be designed primarily by the respondent with a focus on repairing the harm caused by the incident.

v. Fine - A monetary or other quantifiable, material payment the respondent will make, typically to the Institute.

vi. Meetings - An assignment to meet with a designated person or office for the purpose of specific educational topics or outcomes. The number and frequency of meetings will be determined on a case-by-case basis.

vii. Reflective project - A project by the respondent, possibly in the format of their choosing (spoken word, visual art, writing, etc.) in which they reflect upon and demonstrate their learning from the incident and how they will move forward.

viii. Restitution - Repayment (monetary or otherwise) to the Institute or to a harmed third party for damages, loss, or injury resulting from a violation of this Code.

ix. Workshop - Assignment to complete a specific training workshop, designed or selected to address specific learning outcomes or topics.

x. Other - At the discretion of the hearing body, other active sanctions may be assigned. Active sanctions should always focus on helping the respondent understand the harm related to their incident, how to repair that harm, and how to succeed as an active and contributing member of the Institute community.

In determining what sanction or other action might be appropriate, the Institute may require a behavioral assessment conducted by a licensed professional to assess the respondent’s capacity to change behavior and succeed in the Institute community.

XII: Appeals

A. Respondents have a right to appeal the outcome of a student conduct process and/or the sanction. A respondent may appeal on one or more of the following grounds:

i. There was a material deviation from the procedures that affected the outcome of the student conduct process.

ii. There is new and relevant information that was unavailable at the time of the proceeding, with reasonable diligence and effort, that could materially affect the outcome.

iii. The sanction(s) was clearly inappropriate and/or disproportionate to the prohibited conduct for which the respondent was found in violation.

Appeals must be submitted in writing to the designated official within ten business days after receipt of the outcome letter. Failure to appeal within the allotted time will render the original decision final and conclusive.

B. A timely appeal will be reviewed by the Dean of Student Services, the Associate Provost for Academic Affairs, or designee to determine if the appeal provides grounds as described above. This review will generally be completed within 10 business days of the date the appeal is filed, although in certain cases additional time may be required depending on the complexity of the case and other factors. If an appeal is found to have provided grounds as described above, the appeal will be forwarded to the Provost and Vice President for Academic Affairs. The Provost may adjudicate the appeal based on the existing information or appoint an ad hoc Appeals Panel to review and make a recommendation regarding the appeal. An Appeals Panel will generally be comprised of three to five Institute faculty or staff. The decision to grant or deny the appeal will be based on information supplied in the written appeal and, when necessary, the record of the original proceedings. As a general practice, the Appeal Panel will attempt to formulate its recommendations to the Provost within 45 days, although it may take additional time to do so in individual cases depending on the circumstances involved, the complexity of the facts, and other factors. The decision of the Provost, or the outcome and sanctions (if any) resulting from any new hearing or meeting ordered by the Provost in connection with the appeal, shall be final and conclusive and no further appeals will be permitted.

C. The Panel of the Appeals Board may

i. Affirm the finding of the original panel or conference;

ii. Remand the case to the original panel or conference officer for a new hearing or conference; or

iii. Request that a new panel or conference officer hear the case.

D. Sanctions will be deferred during the pendency of appeal proceedings unless, in the judgment of the Provost and Vice President for Academic Affairs or designee, the continued presence of the respondent in the Institute community poses a threat to any person, or to the stability and continuance of normal Institute functions.

XIII. Student Groups and Organizations

Student groups and organizations may be charged with violations of this Code.
When a student or student organization has reportedly violated Institute policy, the adjudication, resolution, and assignment of sanctions regarding that conduct shall occur as described in the relevant Institute policy. Student organizations may only take adjudicatory or sanctioning action for violation of Institute policies with the written approval of the Dean of Student Services or designee. Groups affiliated with national organizations that have established guidance and procedures over disciplinary matters may follow the directive of those national organizations with regard to member conduct but must do so in consultation with the Dean for Student Services or designee.
A student group or organization may be held collectively responsible, and its officers may be held individually responsible when violations of the Code by those associated with the group or organization have occurred.
A position of leadership in a student group or organization entails responsibility. Student officers cannot permit, condone, or acquiesce in any violation of this Code by the group or organization.
Sanctions for group or organization misconduct may include revocation and denial of recognition and sponsorship by the Institute, as well as other appropriate sanctions.

XIV. Transcript Notations

A hold may be placed on a respondent’s student account for alleged violations of this Code by the designated official or designee while student conduct proceedings are in progress or if sanctions are not completed by the assigned date, or in accordance with other Institute policies.
Notation of student conduct action will be made on the transcript whenever a student is suspended or dismissed, or in accordance with Institute policies or applicable laws.
Notations of dismissal are considered permanent records and will not be removed from a respondent’s transcript.
Students may petition for removal of the notation of suspension after three years from the finding of fact for the case. Such petitions may be granted at the discretion of the designated official and the Registrar or designee. Factors to be considered in reviewing petitions for suspension notation removal include the current demeanor of the student, the student’s conduct after the violation, and the nature of the violation, including the damage, injury, or harm.

XV. Student Conduct Files and Records

Case referrals may result in the development of a conduct file in the name of the student. The file shall be maintained and subject to release to third parties consistent with the law (e.g., with student authorization) if the student is found in violation and the sanction is more than a warning. If the respondent is found not in violation, the record is retained for administrative archive purposes, as noted below.
Upon graduation or three years from the date of the incident, whichever is longer, student conduct records that do not include dismissal will be transferred to an administrative archive status and therefore become internal and administrative only (e.g., non-conduct) records. Such files are not part of general third-party releases, even with authorization from the student. Such records may be released to third parties upon the specific request of the student or as required by law.
Student conduct records including dismissal will not be transferred to an administrative archive status at any point.
Transfer of student conduct records to an administrative archive shall not, however, prohibit any program, department, or school of the Institute from retaining records of violations and reporting violations as required by their professional standards. The Institute may retain, for administrative purposes, records of all proceedings regarding violations of the Code, including those for which a student was found not in violation.
Students who wish to view their own records may request them at any time.
Third parties (i.e., individuals and organizations external to the Institute) who request information from, or copies of, conduct records will only be granted access to active conduct records unless broader release is specifically requested by the student or where disclosure is otherwise required by law. Third parties will be privy to the date of the incident, in violation findings, sanctions, and sanction completion. Other materials associated with the case will not be provided unless the student specifically requests the inclusion of such records in the release or as otherwise required by law.
Students who fail to complete any active sanction resulting from a student conduct process will have a hold placed on their student account. The hold will be lifted upon completion of all sanctions required by the Institute. The hold will typically prevent the student from registering for classes, and could include but is not limited to, preventing the student from withdrawing from courses, applying for financial aid, graduating, or receiving copies of academic transcripts.

XVI. Conflicts

In event of conflict between the terms of this Code and any provision of the Statement of Student Rights and Responsibilities, the terms of this Code shall govern.

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Section V: Student Rights and Responsibilities