Graduate Student Code of Conduct

Violations of the Graduate Student Code of Conduct

Violations of the Graduate Student Code of Conduct impede the ability of the University to provide an atmosphere that is conducive to learning and fulfilling its mission. Accountability to community standards is an educational endeavor intended to foster students’ personal growth. As responsible citizens of our community, students are expected to uphold University guidelines and standards. Our standards are in place to support the mission of the University; when standards are violated; appropriate intervention takes place to maintain focus on educational objectives. We aspire to a redemptive, relational model in our discipline procedures while recognizing that the particular context of each matter should also be reflected in our intervention. We follow a redemptive model found in Matthew 18:12–17, a process that begins with confrontation in a personal relationship. In some cases, the process may involve a disciplinary hearing. Disciplinary procedures are designed to educate students, to promote restoration and community responsibility, and to treat students justly. Disciplinary procedures which follow do not include academic violations. Academic violations are typically handled by respective academic departments.

All non-academic related violations of the Graduate Student Code of Conduct should be reported to the Assistant Provost/Dean of the School of Graduate Studies. Academic violations should follow the Academic Integrity guidelines.

University Disciplinary Jurisdiction: The University may exercise disciplinary jurisdiction over student conduct which occurs on or off University premises (including online University communities such as academic forums or communication) and which adversely affects the University community and/or the pursuit of University objectives. The conduct may involve a violation of local, state, or federal law or violation of Graduate Student Code of Conduct. A student may file complaints through local law enforcement and/or University process.

Violation of Law and University Discipline:  University disciplinary proceedings may be instituted against a student charged with a violation of law which is also a violation of University standards without regard to pending civil litigation or criminal arrest and prosecution. University disciplinary proceedings may be carried out prior to, simultaneously with, or following any off-campus civil or criminal proceedings.

Investigation: Upon receiving information that a student has allegedly violated the Code of Conduct, the Assistant Provost/Dean of School of Graduate Studies or designee will investigate the alleged violation. The Dean or designee will dismiss the allegation as unfounded or summon the student for a meeting in an effort to better pursue the violation or report. Other University officials may be consulted as necessary.

Messiah University Summons: Any student may be summoned (via email, letter, etc.) for purposes of the investigation and/or to discuss the allegations. This written request will specify a place or means for the meeting and a time with a reasonable expectation of timeliness for the meeting to occur. If a student fails to appear or respond without good cause, as determined by the Dean, the student’s enrollment status may be altered or cancelled until the student complies with the summons, or the University may proceed with a disciplinary hearing. Failure to read mail or e-mail is not considered good cause for the failure to respond to a summons. (See Messiah University Policy on Communications). At this meeting the student is also provided with the Student Conduct Procedures as outlined here.

Disposition: The student must choose one of two decision-making approaches: (1) an administrative decision made by the Dean of School of Graduate Studies (or designee) or (2) a formal hearing by the Graduate Council Community Standards Sub-Committee. This option may not be available depending on the nature of the policy violation; severity may inform the process without student permission.

Procedures for Formal Hearing

In any case where the accused student disputes the facts upon which the charges are based and elects the formal hearing as the decision-making approach or refuses to execute a written waiver of a hearing, such charges will be heard and determined by the Graduate Council Community Standards Sub-Committee. The Sub-Committee shall be comprised of at least three individuals, one of whom will chair the hearing.

This sub-committee will not be responsible for hearing, investigating or making determinations in an incident of sexual harassment, assault, and stalking and/or interpersonal violence. Those cases in particular will be heard by a University Grievance Review Board trained in trauma-informed response and equipped to review such reports.

A student who elects to pursue a disciplinary hearing who is accused of a disciplinary violation shall receive a written notice specifying the alleged violation(s) as well as the date, time, and place of the hearing. This notice will be given at least two (2) business days in advance of the hearing. If a student who has received appropriate notice fails to appear before a sub-committee, evidence in support of the violation may be presented and considered even if the student is not present.

Student Rights: The responding student (respondent) may examine relevant incident reports as well as other pertinent evidence. Students who have been the victim of a violation of the University Code of Conduct have the right to submit their complaint to a University official as well as a statement of personal impact to the hearing officer/body. Both students have the right to be kept informed of the status of the proceedings, to have the presence of a non-attorney support person during a hearing and all interviews.

Hearing Procedures:

1. The hearing shall be conducted in private. The Chair of the Sub-Committee will admit relevant witnesses. Confidentiality and privacy will be maintained subject to legal requirements to disclose final hearing outcomes.
2. There shall be a single verbatim record of all proceedings before a hearing board. Deliberations shall not be recorded. The record shall be the property of the University.
3. In hearings involving more than one respondent, the hearing officer or chair of the hearing body may permit the hearings to be conducted either separately or jointly.
4. The evidence against the respondent shall be presented by a person designated by the Dean of the School of Graduate Studies.
5. The respondent shall have the right to appear in person at the hearing, to be fully informed of and to challenge the charge(s) and evidence, to address witness statements, to present relevant witnesses and evidence on his or her behalf, and to remain silent. The respondent also has the right to support services such as counseling and health services, and the option of a support person of their choice.
6. The victim shall have the right to be accompanied by a support person of their choice. The support person may attend the hearing but may not speak or otherwise participate. Because these are University disciplinary procedures and not legal proceedings, attorneys may not serve as support people in this role. The victim also has the right to support services such as counseling and health services, possible accommodations in location, parking, and/or classes if possible and applicable for personal safety.
7. The hearing officer or members of the hearing body may question the respondent, the victim, and/or witnesses.
8. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in civil or criminal court, are not used in University disciplinary hearings.
9. All procedural issues (e.g., testimony or evidence to be admitted or excluded, questioning of witnesses, conduct of the hearing, etc.) shall be subject to the final decision of the Chair of the sub-committee.
10. The hearing may be adjourned by the Chair at any time. The hearing may be rescheduled for consideration of further evidence or to allow more adequate time for deliberation.
11. Lying by the respondent or evidence produced at a hearing that the respondent may have violated another University rule or standard may be treated as a separate disciplinary violation.
12. After hearing all evidence and witnesses, the hearing officer or body shall determine whether the respondent is responsible for each disciplinary violation with which he or she is charged. The determination shall be made on the basis of the preponderance of the credible evidence (defined as whether it is more likely than not that the respondent is responsible for the violation).

Decision: Within seven working days of the conclusion of the hearing, the respondent will be provided with the written decision of the Graduate Council Community Standards Sub-Committee. The decision will include a statement of outcomes including findings of fact and any sanctions imposed, as well as the applicable appeal procedure. In compliance with federal law, the victim will be provided with a limited notice of outcome (containing the name of the student found responsible, the violation committed, and the sanction imposed) only in the case of a crime of violence or nonforcible sex offense.

Both students have an opportunity to appeal the decision; one or more of the following appeal criteria must be cited in order for the appeal to be considered:

1. A procedural error or irregularity materially affected the decision of the hearing officer/body
2. Previously unavailable evidence is produced
3. The outcomes issued are too severe or too lenient in relation to the violation

Appeal Process for Administrative Decisions

Students who choose the administrative disposition have the right to appeal sanctions. A student wishing to appeal must submit a written appeal to the Provost within five business days of the date of the decision. The Provost will convene the Graduate Council Community Standards Sub-Committee which will hear the appeal. In all cases, the decision of the Graduate Council Community Standards Sub-Committee appeal will be final.

Appeal Process for Formal Hearings

Students who choose the formal disciplinary hearing may appeal both their determination of responsibility and the sanctions issued. A student wishing to appeal must submit a written appeal to the Provost within five business days of the date of the decision. The Provost will hear appeals of all cases originally heard by the Graduate Council Community Standards Sub-Committee.

The Provost has the option to decide the case solely upon written material provided by the student, or may review the record of the disciplinary hearing, examine evidence, and interview witnesses. The Provost may uphold or reduce the original sanctions imposed but may not increase the sanctions. Upon production of previously unavailable evidence which may materially affect the decision of the hearing officer or body, the Provost may remand the case for a full or partial rehearing. A written decision will be rendered within seven working days of the conclusion of the review process. In all cases, the decision of the Provost will be final.

Authority of the Dean of the School of Graduate Studies

In extraordinary circumstances, the Assistant Provost/Dean of School of Graduate Studies may initiate immediate disciplinary action without referring a student to a disciplinary hearing. Examples of such situations include potentially inflammatory or dangerous circumstances and situations where student or victim privacy rights are of particular concern. The Assistant Provost/Dean of the School of Graduate Studies will take such action in consultation with the Provost and additional appropriate University officials

Sanctions

Messiah University student conduct philosophy is grounded in the principles of education, personal growth and faith formation – all of which are central to the mission of the University. Discerning and applying appropriate sanctions helps to hold students accountable to our community standards while promoting their individual growth and learning. With the desire to be transparent about what sanctions students typically receive for Code of Conduct violations, the list below represents a general framework. The following variables will be considered to determine the range of sanctions and whether or not additional sanctions may be applied: a student’s truthfulness throughout the student conduct process, a student’s prior disciplinary history, and the impact of the violation on the community. While students are expected to encourage each other in their adherence to the Code of Conduct, a student who is present but not participating in the misconduct will normally not be held to the same level of sanctions as the participant. Sanctions may be applied in both administrative and formal hearing processes. The following list of possible sanctions is not exhaustive but it serves as a general guide in the student conduct process.

Possible Sanctions:

1. Developmental/Educational Assignments: Sanctions may include, but are not limited to a personal essay or written reflection that addresses the issues relevant to one’s discipline case. In some cases students may be required to pursue a mentoring relationship.
2. Letter of Reprimand or Warning: Written documentation of inappropriate behaviors or attitudes with a temporary record kept in the student’s file. Additional violations may lead to increased sanctions.
3. Loss of Privilege: Loss of a privilege of participating in a University activity.
4. Fines: A monetary fee imposed to deter and prevent activity detrimental to the community.
5. Restitution: A monetary fee imposed to compensate for loss, damage, or injury. This may take the form of appropriate service, monetary, or material replacement.
6. Disciplinary Probation: A season of strong accountability indicating that the student is not in good standing with the University. Students on Disciplinary Probation may face increased sanctions including having their enrollment suspended should they be found responsible for any future Code of Conduct violations. Students may have to speak to their probationary status when going through the application process for professional licensure, etc. Notification of Disciplinary Probation is made to appropriate University officials. University-based financial aid may be reviewed, and students in university leadership positions will be required to step down from their positions of leadership. Students who have applied to study abroad programs, cross-cultural courses, practicums, field work, etc. may be subject to further review by appropriate University personnel. Programs may have additional sanctions related to Disciplinary Probation
7. Withholding Degree: The University may withhold awarding a degree otherwise earned until completion of the process set forth in the student disciplinary procedures, including the completion of sanctions imposed.
8. Suspension: Involuntary separation of the student from the University for a specified period of time. A permanent record is kept in University disciplinary files. Academic advisors and Program Directors are normally notified. For short-term suspensions which permit the student to complete the semester, no refunds are issued for days missed. As determined by the Graduate Council Community Standards Sub-Committee, exams or assignments which are due in this period of time will be considered “0’s” and no credit will be given. Although absence from class is not excused, individual professors may take the initiative to permit students to make up work missed. For suspensions where the student is not permitted to complete the semester, any refunds are issued in accordance with the withdrawal policy.
9. Expulsion: Permanent separation of the student from the University. A permanent record will be kept in University disciplinary and academic files.

Disciplinary Withdrawal

Students may seek permission for disciplinary withdrawal from the University after involvement in a serious violation of University rules and standards before official disciplinary action is taken. A permanent record may be kept in University disciplinary files. Academic advisors and Program Directors are normally notified of the reason for withdrawal. Refunds are issued on a prorated basis and the administrative withdrawal fee is not charged. Conditions for readmission may include a personal interview, counseling, evidence of satisfactory academic work, and citizenship at another educational institution, evidence of satisfactory employment, or other conditions.

Amnesty

Students, regardless of age, will be granted immunity from university disciplinary proceedings for the violation of community conduct standards if the University becomes aware of the breech in community behavior standards because the individual was seeking medical assistance for someone else. The person seeking assistance must reasonably believe he or she is the first to call for assistance, must use his/her own name with authorities, and must stay with the individual needing medical assistance until help arrives.

Amnesty includes, but is not limited to, drug and/or alcohol possession and/or consumption, consensual sexual conduct and/or inappropriate use of institutional property.

Amnesty is never granted for instances of abuse, violence, assault or egregious behavior to another person.

Students will be immune from student disciplinary proceedings for conduct violations if she/he can establish the following:

1. The only way University officials became aware of the person's violation is because the person placed a 911 call, contacting police or other emergency services, in good faith based on a reasonable belief that another person was in need of immediate medical attention to prevent death, serious injury or trauma.
2. The student reasonably believed she/he was the first person to make a 911 call, or call police or emergency services, and report that a person needed immediate medical attention to prevent death, serious injury or trauma.
3. The student provided his/her own name to the 911 operator or equivalent safety, police, or emergency officer.
4. The student remained with the person needing medical assistance until emergency health care providers arrived and the need for his/her presence had ended.

Students meeting the above criteria may be asked for a statement from University officials or the police, but will not be subject to a disciplinary response.

Retaliation

Retaliation against someone who files a complaint or who participates in the investigation of a complaint is strictly prohibited by University policy and by law. Retaliation can occur in many forms. The following list illustrates some (not all) examples of behavior that would be considered retaliation:

1. Asking a complainant why he/she complained. Likewise, asking a witness why he/she was willing to make a statement.
2. Asking a complainant to rescind his/her statement. Having friends ask the complainant to rescind his/her statement.
3. Threatening the complainant or witness in any manner.
4. Cyber-bullying the complainant or using social media to criticize, harass, demean or aggravate the complainant/witness.
5. Excluding the complainant from team meetings or other such events to which the complainant is a rightful participant.

Respondents need to be careful to avoid behaviors that could be experienced as retaliation. If you are unclear as to how to proceed in a particular situation, you are always welcome to seek counsel from the University, through an academic contact, Human Resources and Compliance, or the Dean of the School of Graduate Studies.

Interim Suspension

In certain circumstances, the Assistant Provost/Dean of the School of Graduate Studies or designee may impose an interim suspension prior to a hearing before a disciplinary officer or body. Interim suspension may be imposed: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety or well-being; or c) if the student poses a definite threat of disruption of or interference with the normal operations of the University. Please Note: Students who have been suspended, withdrawn, or expelled for disciplinary reasons are not permitted on campus (this includes online coursework) without prior approval of the Assistant Provost/Dean of the School of Graduate Studies.

Student Records

Student records involving interpersonal violence and sexual misconduct policy violations, suspension or expulsion from the University will be part of a student’s permanent academic record and will be retained in the Office of the Assistant Provost/Dean of the School of Graduate Studies. Records of any other violations or sanctions will be expunged from a student’s confidential record three years after last date of attendance.

Confidentiality and Privacy

Different employees on campus have different abilities to maintain a victim’s confidentiality.

All employees are expected to keep reports and personal information private—that is, to be respectful and discreet. If a formal report of policy violation and/or personal violation is necessary, all employees are expected to report only to campus officials that need to know information in order to follow due process. Employees are required to report all the details of an incident (including the identities of both the victim and alleged perpetrator) to the Department of Safety, the Title IX Coordinator or a Deputy Coordinator.

A report to employees constitutes a report to the University and generally obligates the University to investigate the incident and take appropriate steps to address the situation.

Confidential Resources

Some employees are required to maintain near complete confidentiality, and talking to them is sometimes called a “privileged communication.” If any person desires confidential support, he/she may speak with any of the following:

• Professional staff in the Counseling Center, located in the Engle Health Center (ext. 5357)
• The College Pastor in the College Ministries Office (ext. 6520)
• A nurse in the Engle Health Center (ext. 6035)

Staff in the Engle Health Center are required to pass along non-personally identifiable statistical information to the Department of Safety. The only information that will be released is that an incident was reported, the type of incident and the general location of the incident (i.e., “on campus” or “off campus”; no address will be given). Statistics given to Safety will be made available through publication in the Annual Security and Fire Safety Report. No personally identifiable information on victims will be contained and/or released within any published record without the victim’s consent.

The University does not publish the name of crime victims or other identifiable information regarding victims in the Daily Crime and Fire Log or in the annual crime statistics that are disclosed in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Furthermore, if a Campus Safety Alert or Timely Warning Notice is issued on the basis of a report of interpersonal violence, harassment, sexual assault and/or stalking, the name of the victim and other personally identifiable information about the victim will be withheld. This information could include the specific location where an incident is reported to have occurred when reporting the location could inadvertently identify the victim.

Members of the Engle Counseling/Health Services staff and pastoral counselors are confidential resources and do not report incidents unless the student specifically requests them to do so. The only details shared are to capture general details about the incident (date, time, location, and brief description of incident type) which is for inclusion of the university's Annual Security and Fire Safety report. If you include personally identifiable information in an anonymous report, it will be used in an investigation.

Off-Campus Counselors and Advocates

Off-campus counselors and advocates will also generally maintain confidentiality and not share information with the University unless the victim requests the disclosure and signs a consent or waiver form.

Health care professionals may maintain levels of confidentiality unless law enforcement is contacted simultaneously or insurance companies must be billed for services rendered outside a sexual assault examination.

Law enforcement will not maintain confidentiality.

The following is contact information for local off-campus resources: