A graduate student’s status is determined by the number of credits they are taking in a semester. The chart below defines the minimum academic load requirement per semester and the associated academic status.
|Minimum Number of Credits (Academic Load)
|8.00 semester credit hours
|6.00 semester credit hours
|4.00 semester credit hours
Credit Hour Policy
Herzing University operates on a semester system consisting of three 16-week semesters per year with courses offerings in sixteen, eight, or four-week terms. Programs are offered either in a traditional classroom/lab format or a fully online format.
- The process of credit ascription remains consistent, regardless of the credential being awarded by the program. However, the University differentiates among courses at various levels within the undergraduate programs (100, 200, 300, 400) through the complexity of the course learning objectives.
- Course learning objectives within a graduate program of study reflect a higher level of complexity, and where appropriate, specialization. Graduate learning objectives emphasize the acquisition, organization, utilization, and dissemination of knowledge.
- Graduate programs facilitate substantial mastery of subject matter, theory, literature, and methodology of a field of study. Professional or practice-oriented graduate programs are designed to prepare students for professional practice involving the application or transmission of existing knowledge or the development of new applications of knowledge within their field. Graduate programs seek to develop student capacity to interpret, organize, and communicate knowledge and to build the analytical and professional skills needed to practice in and advance the profession. In those instances where a hierarchy of degrees within an area of professional study are offered, programs differ by level as reflected in the expected sophistication, knowledge, and capacity for leadership within the profession.
- Regardless of the level of the course, the deliverables produced by students within a course support and demonstrate the achievement of the course learning objectives and serve as the basis for the award of credit. Course learning objectives align with program learning outcomes. Therefore, the rationale for the ultimate award of a credential is the successful production of course deliverables and the achievement of course learning objectives, which equates to the achievement of program learning outcomes.
- Whenever possible, the use of standards established by programmatic accreditation bodies, professional associations, and/or by industry is used as the basis for curriculum development and ultimately serve as the rationale for the definition of program learning outcomes. In order to ensure currency of the curriculum, the University maintains a regular cycle of curriculum review which draws upon insights from programmatic accreditation bodies, professional associations, and industry as well as feedback from students, faculty, employers and local and/or national advisory boards.
Credit Hour Policy
The University’s assignment and award of credit hours conforms with the Higher Learning Commissions definition of a credit hour, the federal definition of a credit hour, and to commonly accepted practices in higher education.
- The credit awarded for a course is consistent across all modalities. The learning objectives defined for a course taught online are consistent with learning objectives defined for the same course taught on ground. Course learning objectives are achieved through regular and substantive student interaction with their instructor, with their student peers, and with the content, regardless of whether that interaction occurs online or on ground. While course learning objectives are consistent, the deliverables that serve as evidence that the learning objectives have been achieved may vary between online course sections and ground-based course sections.
- In clock hour programs, academic credit is measured in clock hours. Clock hours earned serve as a means for determining progress towards program completion only. The clock hours are not typically transferable to another school, college, or university. One hour of instruction is defined as a sixty minute period of time, with no less than fifty minutes of actual class Instruction. Students must be given breaks which represent sound educational practice. No more than one clock hour can be assigned to any sixty minute period.
- For non-degree programs taught in a semester system and that are not fully transferable into degree programs, one semester credit hour may be awarded upon completion of a minimum of 37.5 instructional hours of directed instruction in lecture, laboratory, externship/internship or a combination of any of these activities. Coursework must include at least 30 hours of supervised instruction and at least 7.5 hours of activities that an average student would complete outside of the classroom.
- For degree programs and non-degree programs that are fully transferable into degree programs, one credit may be awarded for one hour of classroom instruction and two additional hours of engagement with out-of-class learning activities as completed by an average student that support the achievement of learning objectives. One hour of instruction is defined as 50 minutes.
- In a semester system, a minimum of 15 instructional hours of engagement in learning activities is required to award one semester hour of credit. It is expected that for each hour of “in class” engagement, the average student will spend two additional hours engaged in learning activities outside of the classroom that support achievement of the course learning objectives.
- In a laboratory instructional setting, a minimum of 30 instructional hours of laboratory is required to award one semester credit hour. It is expected that for each hour that a student spends in a laboratory, the average student will spend an additional half-hour outside of the classroom engaged in additional learning activities that contribute to the achievement of the course learning objectives.
- A minimum of 45 hours of externship/internship/clinical or practicum experience is required to award one semester credit hour. No additional engagement in learning activities outside of the externship/internship/clinical/practicum site is required.
- For each semester credit hour awarded for an online course, the average student will spend a minimum of 45 hours of interaction with the instructor, with other students and/or with the course content and learning activities to achieve the course learning objectives. In an online course, there is no differentiation between “inside the classroom” and “outside of the classroom.”
- For each semester credit hour awarded for blended course, where a portion of the instruction occurs in an online environment and a portion of the instruction occurs in a physical classroom, the average student will spend a minimum of 45 hours of interaction with the instructor, with other students and/or with the course content and learning activities to achieve the course learning objectives.
As educational programs are modified and updated to meet the needs of the students and the community, the University may need, and has the right upon approval of appropriate entities, to change the course curriculum, schedules, prerequisites, requirements, or courses for which there is insufficient enrollment. However, curriculum will not be changed to require existing students to take more credits to graduate than their original degree program, unless required by accreditation, state agencies, or other regulatory bodies. In this case, the University will ensure there is no adverse financial impact on the student. Changes will be reflected in an addendum to this catalog and will then be considered an integral part of this publication.
Herzing University has a range of learning format options students may have available to choose from. Courses may be offered in a traditional classroom or an online format. Students may select the format that best fits their educational needs and circumstances when available. Not all formats are available at all campuses for all courses. Check with your local campus for availability.
Traditional Classroom Course Format
The traditional classroom format is intended for students wanting to pursue their courses in a traditional classroom setting. Students may combine the classroom format with the online format by taking some courses online and others in the traditional format.
Online Course Format
The online format is intended for students who do not reside near one of our campuses or who prefer the flexibility of an online education. Students living near one of our campuses may combine the online format with the classroom format by taking some classroom courses on the campus and others online.
Herzing University offers many of its courses and some full programs of study that lead to credentials in an online format. Not all of Herzing University’s programs are offered online. There can be substantial difference in programmatic accreditation, which may be a requirement to sit for licensure or certification. Students should independently investigate and ensure that the program they desire is offered through Herzing Online and in the appropriate format to meet their desired potential career outcome. Students should rely only on the written information provided in the academic catalog and not on oral representations or other documents. Some licensing and certifying agencies and employers limit the number of online courses a student can take and still be eligible for licensing, certification, employment, or tuition reimbursement. Students should independently investigate any such limit impacting their educational program or career outcomes and make an informed decision concerning online education.
Below is a listing of graduate programs offered online. Some programs may require an onground learning component such as a clinical, bootcamp, or externship/internship. The programs with an asterisk (*) currently require an onground component.
- Master of Business Administration
- Master of Business Administration in Accounting and Finance
- Master of Business Administration in Data Analytics
- Master of Business Administration in Healthcare Management
- Master of Business Administration in Human Resources
- Master of Business Administration in Project Management
- Master of Business Administration in Technology Management
- Master of Business Administration-Dual Concentration Option
- Master of Science in Nursing With a Concentration in Family Nurse Practitioner *
- Master of Science in Nursing With a Concentration in Nursing Education *
- Master of Science in Nursing With a Concentration in Nursing Leadership *
- Post Master’s Certificate in Nursing Education
- Post Master’s Certificate in Family Nurse Practitioner
- Post Master’s Certificate in Accounting and Finance
- Post Master’s Certificate in Healthcare Management
- Post Master’s Certificate in Human Resources
- Post Master’s Certificate in Project Management
- Post Master’s Certificate in Technology Management
See the Herzing University Undergraduate Catalog for a listing of online undergraduate program offerings.
Online education results in the following benefits:
- Students may be able to take a course that is not offered at the campus they attend in the academic period they need it.
- Students who are unable to take preferred classes due to space or other limitations (e.g., “wait-listed students”) may be able to take courses online and avoid disrupting their matriculation.
- Students may be able to continue their program of study online when life changes (e.g., changes in employment status or physical condition) make it impossible for them to attend traditional courses.
- Students may be able to take a program of study at Herzing University even if they do not live near a campus.
- Students will gain valuable interactive experience with a medium that has become increasingly more crucial and pervasive. Effective use of the Internet will also provide a means of communication and a method for accessing and disseminating information for students and staff.
Criteria for Participation
The criteria that must be met by currently enrolled Herzing University students for admission to an online course are:
- The student must have all of the appropriate technology (e.g., hardware and software) available to him/her as well as a technology backup plan. Current requirements are listed in the Admission Information Section of this catalog under “Technology Requirements.”
- The student must have appropriate computer skills (e.g., keyboarding and word processing).
- The student must complete an online orientation session prior to starting their online course.
Herzing University students who participate in an online course or program are eligible for any/all student services offered by the University. These services typically include financial aid for those who qualify, employment assistance, academic advising, tutoring programs, and learning resources.
These services will be provided to the student electronically, through use of e-mail or referrals to Internet websites, or telephonically. Students are linked to these services, such as financial aid, on Herzing Online’s Education Website located at http://www.herzingonline.edu/.
Herzing University students have 24/7 access to electronic library resources including professional and academic journals, magazines, images, e-books, newspapers, and multimedia via an Internet connection at home or on-campus. Herzing students have access to virtual library support services over 68 hours per week. A team of librarians is available via toll-free telephone, email, and/or chat to help individual students identify appropriate library resources to complete research projects. Online students may also contact the Academic Support Center for assistance with understanding course materials via a link in each online course.
For issues with your course content, assignments, or tests first contact your Instructor.
For missing courses, first contact your campus Registrar.
For any other technical questions (or if you can’t reach your Instructor or Registrar), Herzing IT support is available:
- 866-508-0748, extension 10000
- Weekdays 8 a.m. to 8:30 p.m.
- Weekends 11 a.m. to 3 p.m.
For Blackboard-specific questions outside of IT hours, you can contact Blackboard’s 24/7 support at (866) 350-5017.
Method of Instruction
Instructional methods may include lecture in written, audio, and video forms, presentations, small group discussions, small group presentations, online audio conferencing, electronic blackboard, threaded discussion, online chat, peer critiques, and e-mail. Online students are expected to log in and actively participate several days per week and should expect to spend a minimum of six (6) hours per week (over a 7½-week period) in their studies for each semester credit hour enrolled. This would include reading, researching, and writing papers, doing projects, completing exercises, studying, and reflecting on the course material as well as the time spent on the computer participating in discussion threads, reviewing online course materials, taking tests, and uploading/downloading materials. The time devoted to classes scheduled for other than 7½-week periods would adjust proportionately.
Graduate Course Numbering System
The graduate course numbering system consists of a two-character alpha prefix followed by a three-digit number. The meaning of the prefixes is shown below:
||Course Area Focus
||Healthcare Administration (interdisciplinary courses for healthcare, business, and nursing)
||Master of Business Administration
||Master of Science in Nursing
|The meaning of the three-digit number is shown below:
||A first-level graduate course focusing on synthesis of knowledge within the discipline and related disciplines. It normally requires graduation from a bachelor’s degree program.
||A second-level graduate course focusing on critical evaluation of knowledge within the discipline and related disciplines. It normally requires graduation from a bachelor’s degree program and completion of related first-level graduate coursework.
Electives are not continuously offered at all times. A student can request a copy of electives currently being offered at either Herzing Online or at the ground campus they are attending.
Other University courses may be selected outside a student’s program of study within this catalog (with the approval of the Academic Dean) for which the student has the appropriate prerequisite. Any additional coursework taken will count as attempted courses for purposes of satisfactory academic progress, unless the courses are taken as an audit.
Dual Credit-Undergraduate Students Taking MBA Program Courses
Undergraduate students may take up to four MBA program courses (12.00 semester credit hours). The course(s) may be applied at the undergraduate level as electives or as course substitutions with the approval of the academic dean. If the student is later accepted into the Herzing MBA program, the course and grade will be applied to the program. Course(s) will be graded according to the graduate grading scale. To be eligible, a student must submit a petition to participate in graduate-level courses to their academic dean. Additionally, the student have completed at least 61 semester credit hours and have earned a minimum undergraduate grade point average of 3.0 in the previous 2 semesters at the time of registration.
Bachelor and MBA Degrees in Four Years with Dual Credit
Students who meet the criteria below can complete both their bachelor’s degree and MBA degree in four years (12 semesters total).
- Complete a Herzing University bachelor’s degree in three years (nine semesters) under the Three-Year Bachelor of Science Degree Completion Policy in the Herzing University Undergraduate Catalog.
- Successfully complete 12.00 semester credit hours of graduate study as an undergraduate student under the Undergraduate Students Taking MBA Program Courses (Dual Credit) policy in the Herzing Undergraduate Catalog.
- Meet the admissions requirements of the MBA program in the Herzing University Graduate Catalog.
- Enroll full-time in the MBA program (at least 9.00 semester credit hours) each semester while in the MBA program.
- Meet the graduate satisfactory progress and graduation requirements outlined in the Herzing University Graduate Catalog.
Dual Credit-Undergraduate Students Taking MSN Program Courses
Bachelor of Science in Nursing (BSN) students may take certain approved, Master of Science in Nursing (MSN) courses while enrolled as an undergraduate. See the Nursing Program Outlines for eligible course information. Approved graduate courses passed with a “76%” or higher may be applied in the BSN degree as course substitutions with the approval of the Department Chair. If the student applies and is accepted into a graduate nursing program, the course and grade will be accepted into that program with two provisions: (1) the course was completed with a grade of “C” or higher within five (5) years of the date of matriculation into the graduate program, and (2) the course is part of the graduate nursing program selected.
The last two weeks of each semester are the add/drop period for the subsequent semester. A student may make changes to his/her schedule during this two-week period. Any changes made to a student’s schedule after the end of the add/drop period may only be done with permission from the Academic Dean and the Educational Funding Department and may be subject to a schedule change fee, as outlined in each campus’s fee schedule.
A course may be audited with the permission of the Academic Dean. All standard fees and tuition will apply unless the student has already received a master’s degree from Herzing University. No grade will be assigned and no semester credit hours accumulated towards attempted courses, diploma, or degree requirements. Financial aid or veterans benefits may not be used for an audited course. Previous master’s degree graduates may audit one course per calendar year at a reduced fee.
Graduate Grading Scale
All Non-Specialty Courses
Graduate Grading Scale
Nursing Specialty Courses
Withdrawal Prior to the Mid-Point of the Course
Minimum Passing Grade
The minimum passing grade for most graduate courses at Herzing University is a C (70%). However, the minimum passing grade for the following NU specialty courses is a B (80%):
• NU 510 Advanced Physical Assessment
• NU 515 Advanced Pharmacology
• NU 600 Teaching/Learning Strategies
• NU 609 Advanced Health Assessment
• NU 615 The Nurse Educator roles
• NU 621Advanced Pathophysiology
• NU 623 Adult Healthcare
• NU 627 Geriatric Healthcare
• NU 631Healthcare of Women Across the Lifespan
• NU 632 Healthcare of Infants, Children, and Adolescents
• NU 633 Management of Pharmacotherapeutics for Advanced Practice
• NU 635 Curriculum Development and Evaluation
• NU 682 Graduate Onsite Practicum in Education
A grade of Incomplete (I) will be given to a student only in cases where the student is not able to complete the work for a course due to extenuating circumstances. It is only given with the permission of the Academic Dean. If a grade of incomplete “I” is issued and the “I” is not removed and replaced with the updated grade within two class weeks after the start of the next academic period, the earned grade at that time will be issued. If the course is failed it will be repeated if required for graduation.
To receive a grade other than a grade of “l” (Incomplete) in any clinical course, either a clinical call or a site visit from the course faculty member or Regional Clinical Coordinator is required. Any clinical call verification or site visit not completed by the last day of the course will require the faculty member to enter a grade of “I” (Incomplete). If the clinical call verification has not been submitted within 2 weeks of the start of the next semester the Incomplete will be administratively converted to a grade of “F” (Fail) on the student’s transcript. The student will not be eligible to progress to the next clinical course. If the student has already started the next clinical course, the student will be administratively withdrawn.
Clinical Site Visit
State of Louisiana: To receive a grade other than a grade of “I” (Incomplete) in any clinical course, Louisiana students are required to have a clinical site visit. Any clinical site visit verification not completed by the last day of the course will require the faculty member to enter a grade of “I” (Incomplete). If the clinical site visit verification has not been submitted within 2 weeks of the start of the next semester the Incomplete will be administratively converted to a grade of “F” (Fail) on the student’s transcript. The student will not be eligible to progress to the next clinical course. If the student has already started the next clinical course, the student will be administratively withdrawn.
Other States: Clinical visits may be scheduled at any time, in any state in accordance with identified needs.
Clinical Use of Paid Clinical Preceptor Services
The Graduate Nursing Department does not provide financial support or endorse student participation in securing paid clinical preceptor services. The Herzing University Graduate Nursing Department does not work directly or indirectly with any paid clinical preceptor services. If any Herzing University graduate nursing student chooses to use a paid preceptor service for any clinical practicum the following conditions apply:
- The student is responsible for all aspects of the contract with the preceptor agency, including any and all costs or related expenses of the contract.
- All paid and unpaid preceptors must have the appropriate licensure, credentials and experience for the course in which the preceptor will oversee the student clinical experience. Prior approval must be secured from both the Graduate Nursing Department and Herzing University for all preceptors and clinical sites, as per the Herzing University Graduate Nursing Guide.
Please refer to the MSN-FNP/MSN-NE clinical guides for all clinical policies and procedures.
A grade of Transfer (TR) will be given to a student denoting credits allowed toward completion of a program based on completion of transferable work at another post-secondary institution. (See “Transfers of Credits From Other Colleges and Universities.”) No more than nine (9.00) semester hour credits toward a graduate degree may be transferred to the University. A grade of (TR) is not calculated into the grade point average.
A grade of Withdrawal (W) will be given to a student withdrawing prior to the midpoint of any course. A “W” will not be calculated into the grade point average but will be counted as a course attempted. As such, it can affect a student’s satisfactory academic progress. Refer to the “Standards of Satisfactory Academic Progress” section of this catalog for more information. Following the midpoint of the course, a letter grade must be assigned.
Grade Appeal Procedures
A student who has a dispute with an instructor’s grading on a test, assignment, or the final grade in a course must follow the steps outlined below.
- The student must first try to resolve the difference with the instructor involved. If the instructor agrees to the student’s request, the instructor will make the appropriate change in the grade book or submit a grade change through the Academic Dean. If the student agrees with the instructor’s decision, the appeal is considered resolved.
- If a satisfactory solution cannot be reached between the student and the instructor, the student may submit a written grade appeal to the Academic Dean. A grade appeal must be made within two weeks for an exam and within 30 days of grade issuance for a course. The Academic Dean will investigate the facts of the case and make a decision in writing regarding the grade within seven days of receiving the appeal.
- Normally, the decision of the Academic Dean regarding a grade appeal is final. However, if the student still feels a satisfactory solution has not been reached, the student may submit a further written appeal to the campus President. Appeals to the campus President must be submitted within 30 days of the Academic Dean’s decision. The campus President’s decision will be made in writing within seven days of receiving the appeal and will be final.
Grade Point Average
Each grade is assigned a numerical value on a 4.00 system, as shown under quality points in the chart below. In order to determine a student’s program grade point average, the semester credit hours for each course are multiplied by the quality points for the grade earned in the course. The total number of points, as calculated, is then divided by the total number of credits to obtain the program grade point average. A sample calculation is shown:
The sum of 36.00 total points divided by 12.00 credits gives a program grade point average of 3.00. In the case of a course being repeated, the highest grade earned is used to determine the program grade point average.
The faculty at Herzing University recognize that there are circumstances and events which may delay students from completing coursework on time. This may include events that require students to miss class and delay the submission of coursework which may have been due on the day of the absence. Under approved circumstances, students may be allowed to submit make-up work. Permissible reasons for requesting make-up include sickness, death of a relative, court appearance, family emergency, military duty, or other special circumstances. The following procedure should be followed:
- The student must request approval from the instructor to submit make-up work. Ideally, except in the case of an emergency, the student will request approval to submit late work prior to the due date at the time in which he/she is notifying the instructor of the absence. The instructor may deny the request if there is not a valid reason. In certain circumstances, the instructor may require documentation of the reason for lateness.
- Student leaving on military duty may be eligible for additional relief and should contact the Educational Funding Department.
- Exams, quizzes, papers and other assignments must be retaken or submitted no later than seven calendar days from the original due date. Coursework due during the last week of the course must be completed and submitted by the last day of the grading period. Students requiring additional time beyond the end of the grading period must petition for an Incomplete (see section on Incomplete Grades).
- Healthcare programs may, due to clinical site requirements or other reasons, require students to give advance notice of absences and/or missed assessments. This should not be limited to healthcare programs, all students should be expected to give advance notice of absence if at all possible.
- A student who has a valid reason for making up missed coursework and is denied the opportunity to do so by the instructor may appeal to the Academic Dean. The decision of the Academic Dean is final.
Satisfactory Academic Progress
Herzing University has established academic standards of satisfactory academic progress (SAP) that apply to all graduate students at Herzing University, not just to those receiving financial assistance. SAP is determined by calculating the student’s program grade point average (PGPA) and the student’s rate of progression toward completion of the academic program (pace). All periods of a student’s enrollment at Herzing University are used in determining SAP. Satisfactory academic progress for all students is checked following the end of each semester of attendance.
Standards of Satisfactory Academic Progress
A graduate student is considered to be making satisfactory academic progress if he or she has achieved and maintained the minimum standard of a 3.00 PGPA (program grade point average), which is a “B” average and is the equivalent academic standing consistent with Herzing University’s graduation requirements and a minimum pace threshold of 66.67% . To calculate the pace at which a student is progressing, the number of cumulative credit hours the student has successfully completed is divided by the cumulative number of credit hours the student has attempted. Transfer hours are counted both as successfully completed and attempted when calculating pace. Incompletes, withdrawals, failures, and course repetitions will be counted as attempted credit hours in the pace calculation. If a grade of incomplete “I” is issued and the “I” is not removed and replaced with the updated grade within two class weeks after the start of the next academic period, the earned grade at that time will be issued. If a course is failed it must be repeated if required for graduation. The evaluation of satisfactory academic progress will occur at the end of each semester starting after the student has attempted a total of 8 cumulative credits.
||Minimum Completion of Credits Attempted
|End of Each Semester
If a student chooses to change programs, Herzing University will apply all course attempts from the previous program to the new program Any courses taken by the student applied from program to another (whether or not the courses were successfully completed) will be used in the PGPA calculation and will be counted in the Pace towards completion.
Maximum Timeframe for Completion
Students must be able to complete their current program without attempting more than 150% of the minimum credits required for the student’s program. Once it has been deemed impossible for a student to complete their program of study within 150% of the published length in the educational program, as measured in credit or clock hours, the student will lose Title IV eligibility and be dismissed from Herzing University.
Students whose program grade point average (PGPA) is less than 3.00 or whose pace of satisfactory completion is less than 66.67% at the end of a semester are placed on Academic Warning for a period of one semester (unless otherwise specified in an Academic Success Plan). Students on Academic Warning who improve their PGPA to at least 3.00 and attain the minimum 66.67% cumulative completion rate by the end of the semester of Academic Warning are removed from Academic Warning. A student on Academic Warning may continue to receive assistance under Title IV, HEA programs for one semester (unless otherwise specified in an Academic Success Plan).
Dismissal From the University for Lack of Satisfactory Academic Progress
A student will be dismissed from the University for lack of satisfactory academic progress in the following circumstances (unless otherwise specified in an Academic Success Plan):
- The student did not increase his or her PGPA to at least 3.00 by the end of one semester on Academic Warning.
- The student did not meet the 66.67% pace requirement by the end of one semester on Academic Warning.
If mitigating or extenuating circumstances exist, a student may appeal a dismissal from the University by submitting an Academic Appeal Form to the appropriate academic administrator prior to the deadline stated in the dismissal notification. Valid circumstances include a serious injury or illness, death of a relative or other special circumstances. The appeal must be submitted in writing and provide an explanation of the circumstance that caused the unsatisfactory academic performance and how the student has overcome the circumstance. The Satisfactory Academic Review Committee will consider all the facts of the appeal and will provide a decision within two business days. All decisions on academic appeals are final. If the petition of appeal is approved, the student will be reinstated on probation, and provisions of the University’s probation policy will apply. Normally, a dismissal of a student that has been denied on appeal is final. However, in rare cases, a dismissed student may appeal again at a later date if there has been a significant change in his or her situation that would strongly indicate that they could be successful if allowed to return to the University. If the petition of appeal is approved, the student will be reinstated on probation, and provisions of the University’s probation policy will apply.
Note: A student who withdraws while in good standing with the University or is withdrawn for administrative reasons while in good standing with the University (such as for having missed excessive classes) may be readmitted through a reapplication process and is not required to appeal under these provisions.
If a student who has appealed their dismissal from the University is granted his or her appeal, the student will be reinstated to the University and will be placed on Academic Probation. If a student is placed on Academic Probation the student must meet the conditions stipulated in the Academic Success Plan for the Academic Probation or face dismissal from the University. Unless otherwise specified in the Academic Success Plan, a student on Academic Probation may receive Title IV, HEA program funds.
Additional Academic Standards for Nursing Programs
Nursing students may not repeat any nursing course more than once. Failing two nursing courses will result in dismissal from the program, even if the student is meeting the minimum SAP requirements outlined above. If mitigating or extenuating circumstances exist, a student may appeal a dismissal from the University using the SAP Appeal process above.
Academic Warning and Probation
A student will be placed on academic warning if the student does not meet the standards of satisfactory academic progress (see the “Graduate Standards of Satisfactory Academic Progress” section of this catalog) or exhibits other behavior that might result in the student being dismissed from the University. If the student does not meet the standards of satisfactory academic progress or other conditions of the academic warning by the end of one semester of academic warning, the student may be dismissed from the University or may lose eligibility for federal financial aid. When there are mitigating or extenuating circumstances, a student may appeal dismissal from the University and/or termination of eligibility for federal financial aid. A student readmitted to the University following appeal or reinstated on federal financial aid following appeal will be placed on probation. The conditions of the probation are specified in writing at the time of being placed on probation. Normally, the period of probation is one semester, but it may be longer if specified in an academic plan included in the conditions of probation.
Attendance Policy and Procedures
The philosophy of Herzing University is that college is not only a place to learn technical and business skills and to develop academically, but also a place to develop important work habits. Important work habits include responsibility and reliability, and attendance is a major factor in both. Also, a student should understand that missing a class affects more than the individual student. It affects the class if the student has to ask questions regarding what was covered when he or she was not there, and it affects the instructor, who may have to assign make-up material or give other individual attention to the absentee. For that reason, and to avoid disruption to the educational process caused by erratic attendance, the University emphasizes attendance in all courses.
Withdrawals Due to Attendance
Herzing University is required to withdraw students from school after 14 consecutive calendar days of non-attendance. Attendance will be checked daily, and students not meeting the attendance policy will be withdrawn. Attendance will be monitored for all ground courses, online courses, and clinical courses.
New students must attend/actively participate in the first two weeks of courses in order to be considered enrolled at Herzing University. If a new student does not attend/actively participate in a class in week two, his/her enrollment will be canceled. Week one is considered a trial period for new students only. A new student who attends/actively participates in week one but never attends/actively participates in week two will not become an active student, and his/her enrollment will be canceled. See ” Online Attendance” for further requirements. If a student is attending more than one class and satisfies all admissions and funding requirements, the student becomes active based on attendance of at least one class in week two. Herzing will not drop or unregister a class as long as the student has attended a course in week one and has attended a different course in week two. A new student may request to be unregistered from one or more courses provided that he or she has only attended the course or courses during the first week of the semester. The request must be submitted prior to the start of week three. Note, however, if a student never attends a class in both week one and week two, the individual course will be unregistered by the University. Additionally, if a new student never attends class in week two, the student’s enrollment will be cancelled and all courses will be unregistered.
A continuing student is required to attend/actively participate in courses by the end-of-day on Tuesday of the second week of a course, or they will be withdrawn as a non-returning student. If a student attends/actively participates in one class but not the other, the class not attended/actively participated in will be unregistered. See ” Online Attendance ” for further requirements.
Reentries and Graduate Reenrolls
Reentries and graduate reenrolls must attend/actively participate in week two of courses in order to be enrolled in the semester. If reentries and graduate reenroll students do not attend in week two, their enrollments will be cancelled and courses will be unregistered. Week one is considered a trial period for reentries and graduate reenroll students. See ” Online Attendance ” for further requirements.
Students Attending Two or More Courses
If a student is enrolled in two or more courses during a given time period and attends/participates in one or more courses regularly but never attends/participates into one of the courses, the student will be unregistered from the course they never attended/actively participated in. If a student is enrolled in two or more courses during a given time period and stops attending/actively participating in one of the courses after attending or actively participating in at least one time, the student is not withdrawn from the course, as the 14-day rule only pertains to a student withdrawing from enrollment and not from individual courses as long as a student remains active. See “Online Attendance” for further requirements.
Approved Break Status
A period of non-enrollment or approved break is a period of time that a student has been approved for an official leave of absence or is withdrawing and returning within the same semester. Approved breaks are permitted for students in the following circumstances:
- Returning within the Same Semester: A student needing to withdraw from all courses may do so without formally withdrawing from the University during the first eight-week term provided the student intends to return for the second eight-week term of the same semester or payment period. Withdrawn courses will be included in the calculation of the student’s satisfactory academic progress calculation. A student who withdraws from a course does not receive a tuition reduction. If a student is unable to return as intended, the tuition reduction (if any) will conform to the refund policy of the University.
- Approved Break due to Clinical Schedule: A student who needs to withdraw due to an issue with an offsite clinical schedule may request an Approved Break prior to the beginning of the semester as long as the student intends to return in the subsequent semester.
- International Approved Break: An international student on an F1 student visa may take a break of up to one semester after each full academic year of study. See Approved Break-International Student section for additional information
- Scheduling in the Second Session of a Semester: Students in their final semester before graduation may take off the A term without being withdrawn if their only remaining required course(s) are only offered in the B term. This policy does not apply to students in programs that are being taught out, and can only be used once per student per program. Any student utilizing this policy may not have taken a prior period of non-enrollment within the last two semesters.
A Confirmation to Return Form is required prior to the 14th day after the students last date of attendance. Refer to the Academic Department to obtain information on eligibility to make this type of request.
Online Attendance and Student Verification
If a student is enrolled in an online course must complete one of the following academically related activities within the Herzing Online Education System in order to be marked as having attended and actively participated in his/her online course(s):
- Post to a discussion board
- Submit an assignment
- Submit a quiz or exam
This means logging into a course and navigating within the virtual classroom will not constitute participation; the student must complete one of the above academically related activities. Please note, that there are a significant number of other academically related activities required when taking online courses, such as reading discussion boards, reading course materials and lectures, and messaging instructors, but these activities will not be considered as student attendance. In addition, Herzing University uses the student’s unique log-in credentials to verifying participation in a class by monitoring interaction between the student, peers and faculty.
Attendance for ground and online courses is tracked by each campus, and a student not attending a ground course(s) or completing an attendance-measured academically related activity in any of their online course(s) for fourteen consecutive calendar days may be withdrawn from Herzing University.
Notification of Absences
As a courtesy, students are expected to inform their instructors or the office if they know they will have to miss a class. Students returning from an absence are expected to address missed material with the instructor outside of scheduled class hours.
Effect of Absences on Grading
Points will not be directly deducted from a student’s academic average because of absences. However, students can expect tests, quizzes, or other graded assignments to be scheduled without notice during any given class session. If a student misses a test, quiz, or assignment because of an absence, the instructor is not obligated and will not normally allow a make-up quiz, test, or assignment. Extenuating circumstances will be taken into consideration when deciding if make-up work will be permitted.
If there are extenuating circumstances (such as a documented health problem, a family emergency, jury duty, military reserve service obligations, etc.) that caused an absence or is expected to cause absences in the future, the student should contact his or her instructor or the Academic Dean immediately.
Withdrawals From Individual Courses
Students may voluntarily withdraw themselves from a course at any time by notifying the Academic Dean or Registrar. If a student has already attended (in-person attendance for a campus-hosted course and active participation in an online course-this is indicated as attending/actively participating throughout the catalog) in the class he/she wishes to drop, then the grade for the course will be based on the date the withdrawal is requested. If the request to withdraw from an individual course is before the midway point of the course, the grade assigned will be a “W.” If the request to withdraw from an individual course is after the midway point, a letter grade will be assigned. The midpoint of the course varies, depending on the length of the course. For example, in a four-week course, the midpoint of the course starts on the Monday of the third week. In an eight-week course, the midpoint of the course is the Monday of the fifth week. In a 16-week course, the midpoint of the course is the Monday of the ninth week.
The course letter grade will be included in the calculation of the student’s PGPA. A student who withdraws from a course does not get a tuition reduction. If a student completely withdraws from the University, the tuition reduction (if any) will conform to the refund policy of the University.
Withdrawal From University
A student may withdraw from Herzing University at any time prior to the last 14 calendar days of the semester by notifying the Academic Dean or Registrar. If the withdrawal occurs during an ongoing semester, the grade assigned to each course will be based on the student’s overall last date of attendance with the University. If the student’s overall last date of attendance is prior to the midway point of the course, then the grade assigned will be a “W.” If the student’s overall last date of attendance is after the midpoint of a course, then a letter grade will be assigned. The University will withdraw a student if he/she fails to attend all their courses for a period of 14 days.
Withdrawal Due to Military Service Needs
Herzing University encourages active duty military students to continue their education and assures them that the University will provide them with the highest level of commitment and support while they defend this great country and its allies. In keeping with the University’s tradition of being a military-friendly institution, the following policies regarding military deployments and military exigencies have been adopted.
- Herzing University, through online courses, will make all reasonable efforts to make it possible for military students to continue their studies, even during deployments or other military commitments.
- When military students on active duty (whether regular active duty, reserve, or National Guard members called to active service) must withdraw from one or more classes due to military deployment or other military exigencies, the University will waive the requirement that withdrawals be made prior to the midpoint of the course. In such cases, the student’s grade will be recorded as a non-punitive withdrawal and will not count against the student’s academic progress including the pace requirement and grade point average. Also, the University will scholarship any tuition or fees paid by the service member not covered by military tuition assistance. A copy of the student’s military orders must be provided when withdrawing from the University due to military duty.
- Should a military student in good standing with the University need to withdraw from the University entirely due to military commitments, the service member may return to the University in good standing at the beginning of any 4-week, 8-week, or 16-week session convenient to the student. The service member will be allowed to reenter into courses where they left off and are not subject to wait lists. No time limits apply.
Students Receiving VA Educational Benefits at the Birmingham and Orlando Campuses
The following policy applies to students receiving Veterans Administration (VA) Educational Benefits who are enrolled at the Birmingham and Orlando campuses. Students receiving Veterans Administration Educational Benefits will have their attendance monitored by the Registrar’s Office as required by the VA. Each course will be monitored on a daily basis. Students attending less than 80% of their scheduled course(s) will be reported to the VA SCO and may have their educational benefits terminated by the VA.
This policy is in addition to the overall attendance policy that is found within the University Catalog under Withdrawals Due to Attendance.
Complaint Policy for Students Receiving VA Education Benefits
Any complaint against the school should be routed through the VA Feedback System by going to the following link: http://www.benefits.va.gov/GIBILL/Feedback.asp. The VA will then follow up through the appropriate channels to investigate the complaint and resolve it satisfactorily.
Students who have completed all of the requirements for a degree may participate in the graduation ceremony sponsored by either their local campus or another Herzing University campus. Online graduates may participate in any Herzing University graduation.
Students who are in their last semester of study may apply to participate in a graduation ceremony prior to their actual graduation. In these cases, the graduation program will indicate that actual graduation will be pending successful completion of degree requirements. Students wishing to participate early should check with their academic dean for specific policies and procedures. A degree will not be conferred in these circumstances. All graduation requirements must be met prior to the actual awarding of a degree.
Graduate Requirements-Graduate Programs
Students must meet all of the requirements below to be eligible for graduation.
- Maintain a program grade point average (PGPA) of 3.00 or higher in the courses applicable to the student’s program.
- Complete the required minimum number of semester credit hours in the student’s program.
- Meet all terms of the Satisfactory Academic Progress policy (see Graduate Standards of Satisfactory Academic Progress), including rate of progress of required program courses.
- Complete all master’s degree requirements within seven years.
- Nursing students must complete all requirements within five years.
- Meet all additional program-specific requirements included in the specific program descriptions.
Institutional Assessment of Student Academic Performance
Herzing University is committed to the continual improvement of its educational processes and programs. To accomplish this, the University periodically conducts an assessment of student academic outcomes. Consequently, students can expect to participate in academic outcomes assessment activities during their educational experience at the University.
The aggregated results of these assessment activities will be used exclusively to identify relative strengths and opportunities for improvement in the University’s educational processes and programs. The results for individual students will be kept strictly confidential, will not be maintained, and will not affect their academic standing in any way.
Herzing University recognizes the desirability of an academic environment which promotes an open exchange of ideas free from censorship or prior restraint. The scope of “academic freedom” does not encompass the right to teach inappropriate curriculum or to teach offensive or discriminatory content.
Acceptable Use of Computing Resources and Peer-To-Peer File Sharing
This policy provides guidelines for the appropriate and inappropriate use of the computing resources of Herzing University. It applies to all users of the University’s computing resources including students, faculty, staff, alumni, and guests of the University. Computing resources include all computers, related equipment, software, data, and local area networks for which the University is responsible as well as networks throughout the world to which the University provides computer access.
The computing resources of Herzing University are intended to be used for its programs of instruction and research and to conduct the legitimate business of the University. All users must have proper authorization for the use of the University’s computing resources. Users are responsible for seeing that these computing resources are used in an effective, ethical, and legal manner. Users must apply standards of normal academic and professional ethics and considerate conduct to their use of the University’s computing resources. Users must be aware of the legal and moral responsibility for ethical conduct in the use of computing resources. Users have a responsibility not to abuse the network and resources and to respect the privacy, copyrights, and intellectual property rights of others.
In addition to the policy contained herein, usage must be in accordance with applicable university procedures and applicable state and federal laws. Among the more important laws are the Federal Computer Abuse Amendment Act of 1994, the Federal Electronic Communications Privacy Act, and the U.S. Copyright Act.
Policy violations generally fall into four categories and involve the use of computing resources which do any of the following:
- Harass, threaten, or otherwise cause harm to specific individuals or classes of individuals.
- Impede, interfere with, impair, or otherwise cause harm to the activities of others.
- Download, post, or install to University computers or transport across University networks material that is sexually explicit or offensive or material that is illegal, proprietary, in violation of license agreements, in violation of copyrights, in violation of University contracts, or otherwise damaging to the institution.
- Recklessly or maliciously interfere with or damage computer or network resources, computer data, files, or other information. Penalties for violating these guidelines can range from a reprimand in the student’s file to expulsion.
Examples (not a comprehensive list) of policy violations related to the above four categories include:
- Sending an individual or group repeated and unwanted (harassing) e-mail or using e-mail to threaten someone.
- Accessing, or attempting to access, another individual’s data or information without proper authorization (e.g., using another’s computing account and password to look at their personal information).
- Propagating electronic chain mail or sending forged or falsified e-mail.
- Obtaining, possessing, using, or attempting to use someone else’s password, regardless of how the password was obtained.
- Copying a graphical image from a website without permission.
- Posting a University site-licensed program to a public bulletin board.
- Using illegally obtained licensed data/software or licensed data/software in violation of their licenses or purchase agreements.
- Releasing a virus, worm, or other program that damages or otherwise harms a system or network.
- Accessing, displaying, storing, or transmitting sexually explicit or offensive language or images.
Americans with Disabilities Act (ADA) Policy
It is the policy of Herzing University to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, other federal mandates, and state and local laws regarding individuals with disabilities. These laws protect students with disabilities, and students may request reasonable accommodations for their disabilities from the University. Reasonable accommodations are determined on an individual basis and made available to the extent that they meet the student’s needs and do not compromise the academic integrity of the University’s educational programs.
Questions related to the University’s policies and procedures related to disability services should be directed to the central ADA Coordinator at email@example.com.
Students with disabilities who wish to request accommodation under the ADA must:
- Submit a request for accommodation with appropriate documentation to their student services specialist.
- Meet with the Campus ADA Coordinator to discuss the request.
- Alert the Campus ADA Coordinator if accommodations provided are not working or do not meet their needs.
Students with disabilities are responsible for providing documentation of their disability to their Student Services Specialist. Documentation provided must both establish that the student has a disability and provide enough detail regarding the functional limitations caused by the disability so that appropriate accommodations can be identified and provided. Documentation will be kept confidential and maintained securely on the University intranet.
All documentation must:
- Come from an appropriately licensed clinical professional familiar with the history and functional impact of the student’s disability.
- Verify the nature and extent of the student’s disability aligned to current professional standards and techniques, and include a description of applicable diagnostic criteria, evaluation methods, procedures, tests and dates of administration, as well as a clinical narrative, observation and specific results.
- Be dated, signed, and submitted on official letterhead including the name, title and professional credentials of the evaluator.
- Describe how the disability affects the student’s ability to participate in campus activities and programs.
- Reflect the student’s current level of functioning, and demonstrate whether and how a major life activity is substantially limited by providing a clear sense of the severity, frequency and pervasiveness, and progression or prognosis of the condition(s).
- Include a description of any current and past medications, auxiliary aids, assistive devices, support services, and accommodations, including their known effectiveness in alleviating functional limitations of the disability.
- Include recommendations for accommodations, adaptive devices, assistive services, compensatory strategies, and/or collateral support services.
- If the original documentation is incomplete or inadequate to determine the extent of the disability or reasonable accommodation, the university has the discretion to require additional documentation. Any cost incurred in obtaining additional documentation when the original records are inadequate is the responsibility of the student.
- Documentation that includes a diagnosis or testing battery performed by a member of the student’s family will not be accepted.
- Students requesting accommodations for functional limitations due to multiple disabilities must provide evidence of all such conditions.
- Documentation forms and guidelines for documentation of specific disabilities, such as learning disabilities, psychiatric disabilities, or others as identified are available through the Student Services Department; please contact your Student Services Specialist for more information.
Herzing University is committed to ensuring that all information and communication pertaining to a student’s disability is maintained as confidential as required or permitted by law.
The following guidelines apply to the treatment of such information:
- No one will have immediate access to student files except appropriate staff of Herzing University. Any information regarding a student’s disability is protected by the Family Educational Rights and Privacy Act (FERPA) and will only be disclosed as permitted or required by FERPA.
- Sensitive information in student files will not be released except in accordance with federal and state laws.
- A student’s file may be released pursuant to a court order or subpoena.
- If a student wishes to have information about his/her disability shared with others, the student must provide written authorization to release the information. Before giving such authorization, the student should understand the purpose of the release and to whom the information is being released.
- A student has the right to review their own file with reasonable notification.
Disability: A physical or mental impairment that limits one or more of an individual’s major life activities.
Major Life Activities: Basic functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sleeping, standing, lifting, reading, concentrating, thinking, communicating, helping, eating, bending, or operation of a bodily function.
Substantial Limitation: Significant restriction in the condition, manner or duration in which a major life activity is performed compared to most people.
Reasonable Accommodation: Any change in an educational environment that effectively and appropriately enables an individual with a disability to have equal educational opportunities to participate in programs and activities.
An accommodation is not reasonable if it:
- Poses a direct threat to the health or safety of others;
- Requires a substantial change to an essential element of course curricula or a substantial alteration in the manner in which services are offered or provided for other students; or
- Poses an undue financial or administrative burden
Undue Hardship or Burden: action that requires either significant difficulty or expense, or that would fundamentally alter the nature of a program. Factors to be considered include:
- The nature and cost of the accommodation needed, and
- The overall financial resources of the University.
Accessibility of Facilities
Herzing University facilities (including restrooms and classrooms) are designed to permit individuals with disabilities to enroll in and benefit from educational programs. Accessible parking provides convenient access to building entrances. Accessible parking spaces are reserved for students, visitors, or employees who display an appropriate state-issued placard or license plate.
Cell Phone Use
Cell phone use, including talking or texting, is strictly prohibited once a student enters the classroom unless the cell phone use is part of an instructor-led activity. Cell phones must be turned off or set to vibrate-only while in class. If a call needs to be taken in an emergency situation, the student must leave the class to do so.
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.
Equity Resolution Process for Allegations of Discrimination, Harassment, and Sexual Misconduct
Herzing University will act on any formal or informal allegation or notice of violation of the policy on Equal Opportunity, Harassment and Nondiscrimination, that is received by the Title IX Coordinator or a member of the administration, faculty, or other employee.
The procedures described below apply to all allegations of harassment or discrimination on the basis of protected class involving students, staff or faculty members. These procedures may also be used to address collateral misconduct occurring in conjunction with harassing or discriminatory conduct (e.g.: vandalism, physical abuse of another, etc.). All other allegations of misconduct unrelated to incidents covered by this policy will be addressed through the procedures elaborated in the respective student, faculty and staff handbooks.
Upon notice to the Title IX Coordinator, this resolution process involves a prompt preliminary inquiry to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. If so, the University will initiate a confidential investigation that is thorough, reliable, impartial, prompt and fair. The investigation and the subsequent resolution process determines whether the nondiscrimination policy has been violated. If so, the University will promptly implement effective remedies designed to end the discrimination, prevent its recurrence and address its effects.
Equity Resolution Process (ERP)
Allegations under the policy on nondiscrimination are resolved using the ERP. Members of the ERP pool are announced in an annual distribution of this policy to campus, prospective students, their parents and prospective employees. The list of ERP pool members and a description of the Title IX Review Board can be found in Appendix D. Members of the ERP pool are trained in all aspects of the resolution process, and can serve in any of the following roles, at the direction of the Title IX Coordinator:
- To provide sensitive intake for and initial advice pertaining to allegations
- To investigate allegations
- To act as process advisors to those involved in the Equity Resolution Process
The Chief Compliance Officer, in consultation with the Title IX Coordinator, appoints the ERP pool, which reports to the Title IX Coordinator for the purposes of carrying out an investigation. ERP pool members receive annual training organized by the Title IX Coordinator, including a review of University policies and procedures as well as applicable federal and state laws and regulations so that they are able to appropriately address allegations, provide accurate information to members of the community, protect safety and promote accountability. This training will include, but is not limited to: how to appropriately remedy, investigate, render findings and determine appropriate sanctions in reference to all forms of harassment and discrimination allegations; the University’s Discrimination and Harassment Policies and Procedures (including Sexual Misconduct); confidentiality and privacy; and applicable laws, regulations and federal regulatory guidance. All ERP pool members are required to attend this annual training to be eligible to serve.
The Equity Resolution Process pool includes:
- Chair: The Title IX Coordinator
- At least one representative from Human Resources
- At least one representative from Academic Support
- The Vice President of Educational Funding and Compliance
Appointments to the pool should be made with attention to representation of groups protected by the harassment and non-discrimination policy. Individuals who are interested in serving in the pool are encouraged to contact the Title IX Coordinator.
Any member of the community, guest or visitor who believes that the policy on Equal Opportunity, Harassment and Nondiscrimination has been violated should contact the Title IX Coordinator.
It is also possible for employees to notify a supervisor, or for students to notify an administrative advisor or faculty member. These individuals will in turn notify the Title IX Coordinator. The reporting form at http://tinyurl.com/ethicsstudent-herzing may also serve to initiate the resolution process.
All employees receiving reports of a potential violation of University policy are expected to promptly contact the Title IX Coordinator, within 24 hours of becoming aware of a report or incident. All initial contacts will be treated with privacy: specific information on any allegations received by any party will be reported to the Title IX Coordinator, but, subject to the University’s obligation to redress violations, every effort will be made to maintain the privacy of those initiating an allegation. In all cases, University will consider the wishes of the reporting party with respect to how the reported misconduct is pursued, but reserves the right, when necessary to protect the community, to investigate and pursue a resolution even when a reporting party chooses not to initiate or participate in the resolution process.
In most circumstances, Herzing University will treat attempts to commit any of the violations listed in the Sexual Misconduct Policy as if those attempts had been completed.
Following receipt of notice or a report of misconduct, the Title IX Coordinator engages in a preliminary inquiry to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. The preliminary inquiry is typically 1-3 days in duration. This inquiry may also serve to help the Title IX Coordinator to determine if the allegations evidence violence, threat, pattern, predation and/or weapon, in the event that the reporting party has asked for no action to be taken. In any case where violence, threat, pattern, predation, and/or weapon is not evidenced, the Title IX Coordinator may respect a reporting party’s request for no action, and will investigate only so far as necessary to determine appropriate remedies. As necessary, the University reserves the right to initiate resolution proceedings without a formal report or participation by the reporting party.
In cases where the reporting party wishes to proceed or the University determines it must proceed, and the preliminary inquiry shows that reasonable cause exists, the Title IX Coordinator will direct a formal investigation to commence and the allegation will be resolved through the process discussed briefly here and in detail below:
- Formal Resolution – a resolution of contested allegations with formal investigation and Title IX Review Board oversight.
Once a formal investigation is commenced, the Title IX Coordinator will provide written notification of the investigation to the parties at an appropriate time during the investigation. Notification will be made in writing and may be delivered by one or more of the following methods: in person; mailed to the local or permanent address of the parties as indicated in official University records; or emailed to the parties’ University-issued email account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered. The reporting party is typically copied on such correspondence. The University aims to complete all investigations within a sixty (60) calendar daytime period, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties as appropriate.
If, during the preliminary inquiry or at any point during the formal investigation, the Title IX Coordinator determines that there is no reasonable cause to believe that policy has been violated, the process will end unless the reporting party requests that the Title IX Coordinator make an extraordinary determination to re-open the investigation. This decision lies in the sole discretion of the Title IX Coordinator.
The System Director of Student Services or the Director of Human Resources may provide interim remedies intended to address the short-term effects of harassment, discrimination and/or retaliation, i.e., to redress harm to the reporting party and the community and to prevent further violations.
These remedies may include, but are not limited to:
- Referral to community counseling and health services
- Referral to the Employee Assistance Program
- Education to the community
- Altering work arrangements for employees
- Providing campus escorts
- Implementing contact limitations between the parties
- Offering adjustments to academic deadlines, course schedules, work schedules, etc.
The University may place an interim suspension on a student or employee pending the completion of ERP investigation and procedures, particularly when in the judgment of the Title IX Coordinator the safety or well-being of any member(s) of the campus community may be jeopardized by the presence on-campus of the responding party whose behavior is in question. In all cases in which an interim suspension is imposed, the student or employee will be given the option to meet with the System Director of Student Services or the Director of Human Resources prior to such suspension being imposed, or as soon thereafter as reasonably possible, to show cause why the suspension should not be implemented. The System Director of Student Services or the Director of Human Resources has sole discretion to implement or stay an interim suspension and to determine its conditions and duration. Violation of an interim suspension under this policy will be grounds for expulsion or termination.
During an interim suspension or administrative leave, a student or employee may be denied access to University campus/facilities/events. As determined by the System Director of Student Services or the Director of Human Resources, this restriction can include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the System Director of Student Services, alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding party.
The institution will maintain as confidential any interim actions or protective measures, provided confidentiality does not impair the institution’s ability to provide the interim actions or protective measures.
Once the decision is made to commence a formal investigation, the Title IX Coordinator appoints ERP pool members to conduct the investigation, usually within two (2) days of determining that an investigation should proceed. Investigations are completed expeditiously, normally within ten (10) days, though some investigations take weeks or even months, depending on the nature, extent and complexity of the allegations, availability of witnesses, police involvement, etc.
The University may undertake a short delay its investigation (several days to weeks, to allow evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The University will promptly resume its investigation and resolution processes once notified by law enforcement that the initial evidence collection process is complete. University action will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.
All investigations will be thorough, reliable, impartial, prompt and fair. Investigations entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, as necessary.
The investigator(s) will typically take the following steps, if not already completed (not necessarily in order):
- In coordination with campus partners, initiate or assist with any necessary remedial actions;
- Determine the identity and contact information of the reporting party;
- Identify all policies allegedly violated;
- Meet with the reporting party to finalize their statement;
- Prepare the notice of allegations on the basis of the preliminary inquiry;
- Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding party, who may be given notice prior to or at the time of the interview;
- Prepare the notice of allegation on the basis of the preliminary inquiry;
- Meet with the reporting party to finalize their statement, if necessary;
- If possible, provide written notification to the parties prior to their interviews that they may have the assistance of an advisor of their choosing present for all meetings attended by the advisee;
- Provide the parties with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures and a statement of the potential sanctions/responsive actions that could result;
- Prior to the conclusion of the investigation, provide the reporting party and the responding party with a list of witnesses whose information will be used to render a finding;
- Allow each party the opportunity to suggest questions they wish the investigators to ask of the other party and witnesses.
- Provide the parties with all relevant evidence to be used in rendering a determination and provide each with a full and fair opportunity to address that evidence prior to a finding being rendered;
- Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
- Provide regular updates to the reporting party throughout the investigation, and to the responding party, as appropriate;
- Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
- Finalize and present the findings to the responding party, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings;
- Share the findings and update the reporting party on the status of the investigation and responding party’s decision on the finding, without undue delay.
At any point during the investigation, if it is determined there is no reasonable cause to believe that University policy has been violated; the Title IX Coordinator has authority to terminate the investigation and end resolution proceedings.
Witnesses (as distinguished from the parties) are expected to cooperate with and participate in the University’s investigation and the Equity Resolution Process. Any witness who declines to participate in or cooperate with an investigation will not be permitted to offer evidence or testimony later in a hearing (if a hearing is held). Failure of a witness to cooperate with and/or participate in the investigation or Equity Resolution Process constitutes a violation of policy and may be subject to discipline. Witnesses may provide written statements in lieu of interviews during the investigation and may be interviewed remotely by phone, Skype (or similar technology), if they cannot be interviewed in person or if the investigators determine that timeliness or efficiency dictate a need for remote interviewing. Parties who elect not to participate in the investigation or to withhold information from the investigation will not have the opportunity to offer evidence during the hearing and/or appeal stages of the process if it could have been offered during the investigation. Failure to offer evidence prior to an appeal does not constitute grounds for appeal on the basis of new evidence.
No unauthorized audio or video recording of any kind is permitted during investigation meetings or other Equity Resolution Process proceedings.
Each party is allowed to have an advisor of their choice present with them for all ERP meetings and proceedings, from intake through to final determination. The parties may select whomever they wish to serve as their advisor as long as the advisor is eligible and available, and usually not otherwise involved in the resolution process, such as serving as a witness. The advisor may be a friend, mentor, family member, attorney or any other supporter a party chooses to advise them who is available and eligible. Witnesses cannot also serve as advisors. The parties may choose advisors from inside or outside the campus community. The parties may proceed without an advisor.
The parties may be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity and in good faith. The University cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the University is not obligated to provide one.
Additionally, responding parties may wish to contact organizations such as:
Reporting parties may wish to contact organizations such as:
All advisors are subject to the same rules, whether they are attorneys or not. Advisors may not address university officials in a meeting or interview unless invited to. The advisor may not make a presentation or represent the reporting party or the responding party during any meeting or proceeding, and may not speak on behalf of the advisee to the investigators or hearing panelists. The parties are expected to ask and respond to questions on their own behalf, without representation by their advisor. Advisors may confer quietly with their advisees or in writing as necessary, as long as they do not disrupt the process. For longer or more involved discussions, the parties and their advisors should ask for breaks or step out of meetings to allow for private conversation. Advisors will typically be given an opportunity to meet in advance of any interview or meeting with the administrative officials conducting that interview or meeting. This pre-meeting will allow advisors to clarify any questions they may have, and allows the University an opportunity to clarify the role the advisor is expected to take.
Advisors are expected to refrain from interference with the investigation and resolution. Any advisor who steps out of their role will be warned once and only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting. When an advisor is removed from a meeting, that meeting will typically continue without the advisor present. Subsequently, the Title IX Coordinator will determine whether the advisor may be reinstated, may be replaced by a different advisor, or whether the party will forfeit the right to an advisor for the remainder of the process.
The University expects that the parties will wish to share documentation related to the allegations with their advisors. The University provides a consent form that authorizes such sharing. The parties must complete this form before the University is able to share records with an advisor, though parties may share the information directly with their advisor if they wish. Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University. The University may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.
The University expects an advisor to adjust their schedule to allow them to attend University meetings when scheduled. The University does not typically change scheduled meetings to accommodate an advisor’s inability to attend. However, the University will make reasonable provisions to allow an advisor who cannot attend in person to attend a meeting by telephone, video and/or virtual meeting technologies as may be convenient and available.
A party may elect to change advisors during the process, and is not locked into using the same advisor throughout.
The parties must advise the investigators of the identity of their advisor at least one (1) day before the date of their first meeting with investigators (or as soon as possible if a more expeditious meeting is necessary or desired). The parties must provide timely notice to investigators if they change advisors at any time.
The investigator has the authority to address all collateral misconduct, meaning that they investigate all allegations of discrimination, harassment and retaliation, but also may address any additional alleged policy violations that have occurred in concert with the discrimination, harassment or retaliation, even though those collateral allegations may not specifically fall within the policy on Equal Opportunity, Harassment and Nondiscrimination. Accordingly, investigations will be conducted with as wide a scope as necessary.
Any evidence that the investigator believes is relevant and credible may be considered, including history and pattern evidence. The investigator may exclude irrelevant or immaterial evidence and may choose to disregard evidence lacking in credibility or that is improperly prejudicial.
Unless the investigator determines it is appropriate, the investigation and the finding will not consider: (1) incidents not directly related to the possible violation, unless they show a pattern, (2) the sexual history of the reporting party (though there may be a limited exception made in regards to the sexual history between the parties), (3) or the character of the reporting party. While previous conduct violations by the responding party are not generally admissible as information about the present allegation, the investigators may consider information about previous good faith allegations and/or findings to consider as evidence of pattern and/or predatory conduct.
The investigator(s) will not meet with character witnesses, but investigators will accept up to two (2) letters supporting the character of each of the parties.
The investigator(s) will base the determination(s) on the preponderance of the evidence, whether it is more likely than not that the responding party violated policy as alleged.
Judgment and Disciplinary Policy and Procedures
Title IX Review Board
Typically, within five (5) days of the close of an investigation, the investigator will forward an investigation report, which includes determinations on each policy violation, all recorded interviews, and all submitted evidence to the Title IX Review Board for final adjudication and possible sanction.
Review by the Title IX Review Board will usually be convened within ten (10) days of the completion of the investigation, and will be conducted in a private meeting. The board has the authority to review all collateral misconduct, meaning that it reviews all allegations of discrimination, harassment and retaliation, but also may review any additional alleged policy violations that have occurred in concert with the discrimination, harassment or retaliation, even though those collateral allegations may not specifically fall within the board’s jurisdiction. Accordingly, investigations will be conducted with as wide a scope as necessary.
Deliberation and Decisions
The three (3) members of the Title IX Review Board will deliberate in closed session to determine whether the responding party is responsible or not responsible for the policy violation(s) in question. The board will base its determination(s) on a preponderance of the evidence (i.e., whether it is more likely than not that the responding party committed each alleged violation). If a majority of the board finds a responding party or organization responsible, the board will recommend appropriate sanctions.
The Chair will prepare a written deliberation report and deliver it to the Title IX Coordinator, detailing the recommended finding, the information cited by the panel in support of its recommendation and any information the board excluded from its consideration and why. The report should conclude with any recommended sanctions. This report should not exceed two (2) pages in length and must be submitted to the Title IX Coordinator within two (2) days of the end of deliberations, unless the Title IX Coordinator grants an extension.
The Title IX Coordinator will finalize the recommendations and will inform the parties of the final determination – both the finding(s) and applicable sanction(s) within three (3) days of the Title IX Review Board review, without significant time delay between notifications. Notification will be made in writing and may be delivered by one or more of the following methods: in person; mailed to the local or permanent address of the parties as indicated in official University records; or emailed to the parties’ University -issued email account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered. The notification of outcome will specify the finding on each alleged policy violation, any sanctions that may result which the University is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the University is permitted to share under state or federal law. The notice will also include information on when the results are considered by the University to be final, any changes that occur prior to finalization and any appeals options that are available.
The Title IX Review Board will recommend sanctions or responsive actions to the Title IX Coordinator. Factors considered when determining a sanction/responsive action may include:
- The nature, severity of, and circumstances surrounding the violation
- An individual’s disciplinary history
- Previous allegations or allegations involving similar conduct
- Any other information deemed relevant by the hearing panel
- The need for sanctions/responsive actions to bring an end to the discrimination, harassment and/or retaliation
- The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment and/or retaliation
- The need to remedy the effects of the discrimination, harassment and/or retaliation on the reporting party and the community
The following are the usual sanctions that may be imposed upon students or organizations singly or in combination:
- Warning: A formal statement that the behavior was unacceptable and a warning that further infractions of any University policy, procedure or directive will result in more severe sanctions/responsive actions.
- Probation: A written reprimand for violation of the Code of Student Conduct, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any University policy, procedure or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified social privileges, exclusion from co-curricular activities, non-contact orders and/or other measures deemed appropriate.
- Suspension: Termination of student status for a definite period of time not to exceed two years, and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure at University. This sanction may be noted as a Conduct Suspension on the student’s official transcript, at the discretion of the Title IX Coordinator.
- Dismissal: Permanent termination of student status, revocation of rights to be on campus for any reason or attend University-sponsored events. This sanction will be noted as a Conduct Dismissal on the student’s official transcript.
- Withholding Diploma: The University may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities if the student has an allegation pending, or as a sanction if the student is found responsible for an alleged violation.
- Revocation of Degree: The University reserves the right to revoke a degree awarded from the University for fraud, misrepresentation or other violation of University policies, procedures or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
- Other Actions: In addition to or in place of the above sanctions, the University may assign any other sanctions as deemed appropriate.
Responsive actions for an employee who has engaged in harassment, discrimination and/or retaliation include
- Warning – Verbal or Written
- Performance Improvement/Management Process
- Required Counseling
- Required Training or Education
- Loss of Annual Pay Increase
- Loss of Oversight or Supervisory Responsibility
- Suspension with pay
- Suspension without pay
- Other Actions: In addition to or in place of the above sanctions, the University/College may assign any other sanctions as deemed appropriate.
Withdrawal or Resignation While Charges Pending
Students: The University does not permit a student to withdraw if that student has an allegation pending for violation of the policy on Equal Opportunity, Harassment and Nondiscrimination. Should a student decide to leave and/or not participate in the ERP, the process will nonetheless proceed in the student’s absence to a reasonable resolution and that student will not be permitted to return to University unless all sanctions have been satisfied. The student will not have access to an academic transcript until the allegations have been resolved.
Employees: Should an employee resign with unresolved allegations pending, the records of the Title IX Coordinator will reflect that status, and any University responses to future inquiries regarding employment references for that individual may indicate the former employee is ineligible for rehire.
All requests for appeal consideration must be submitted in writing to the Chief Compliance Officer within three (3) days of the delivery of the written finding of the hearing panel. Any party may appeal the findings and/or sanctions only under the grounds described, below
Any party may appeal, but appeals are limited to the following grounds:
- A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
- To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
The Title IX Review Board will review the appeal request(s). The original finding and sanction/responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. The party requesting appeal must show that the grounds for an appeal request have been met, and the other party or parties may show the grounds have not been met, or that additional grounds are met. The original finding and sanction are presumed to have been decided reasonably and appropriately. When any party requests an appeal, the Chief Compliance Officer will share the appeal request with the other party(ies), who may file a response within three (3) days and/or bring their own appeal on separate grounds within the original timeframe. If new grounds are raised, the original appealing party will be permitted to submit a written response to these new grounds within three (3) days. Any response or appeal request will be shared with each party.
Where the Title IX Review Board finds that at least one of the grounds is met by at least one party, additional principles governing the hearing of appeals will include the following:
- Decisions by the Title IX Review Board are to be deferential to the original decision, making changes to the finding only where there is clear error and to the sanction/responsive action only if there is a compelling justification to do so.
- Appeals are not intended to be full re-investigations (de novo) of the allegation. In most cases, appeals are confined to a review of the written documentation or record of the original investigation, and pertinent documentation regarding the grounds for appeal.
- Sanctions imposed as the result of the Resolution process are implemented immediately unless the Title IX Coordinator or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
- For students: Graduation, internships/ externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.
- The Title IX Coordinator will confer with the Title IX Review Board, incorporate the results of any remanded grounds, and render a written decision on the appeal to all parties within three (3) days from review of the appeal or remand.
- All parties should be informed of whether the grounds for an appeal are accepted and the results of the appeal decision or remand.
- Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing). Where appeals result in no change to the finding or sanction, that decision is final. Where an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above, and in accordance with these procedures.
- All parties will be informed in writing within three (3) days of the outcome of the Title IX Review Board, without significant time delay between notifications, and in accordance with the standards for notice of outcome as defined above.
- In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the responding party to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
Following the conclusion of the Equity Resolution Process and in addition to any sanctions implemented, the Title IX Coordinator may utilize long-term remedies or actions stop the harassment or discrimination, remedy its effects and prevent their reoccurrence. These remedies/actions may include, but are not limited to:
- Referral to community counseling and health services
- Referral to the Employee Assistance Program
- Education to the community
- Permanently altering work arrangements for employees
- Providing campus escorts
- Climate surveys
- Policy modification
- Implementing long-term contact limitations between the parties
- Offering adjustments to academic deadlines, course schedules, etc.
At the discretion of the Title IX Coordinator, long-term remedies may also be provided even when the responding party is found not responsible.
The institution will maintain as confidential any long-term remedies/actions or protective measures, provided confidentiality does not impair the institution’s ability to provide the actions or protective measures.
Failure to Complete Sanctions/Comply with Interim and Long-term Remedies/Responsive Actions
All responding parties are expected to comply with conduct sanctions, responsive actions and corrective actions within the timeframe specified by the Title IX Coordinator. Failure to abide by these conduct sanctions, responsive actions and corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive/corrective actions and/or suspension, expulsion and/or termination from the University and may be noted on a student’s official transcript. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.
In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept by the Title IX Coordinator indefinitely.
Family Education Rights and Privacy Act (FERPA)
Herzing University complies with the Family Educational Rights and Privacy Act (FERPA) of 1974 which is designed to protect the students’ rights with regard to educational records maintained by the institution. Under FERPA, a student has the following rights:
- The right to inspect and review the student’s educational record within 45 days of the day the University receives a request for access. A student should submit to the Registrar or other appropriate academic official, a written request that identifies the record(s) he or she wishes to view. The University official will make arrangements for access to the record and notify the student of the time and place where the records may be viewed. After further review, the student has the right to request an amendment of his or her record if he or she believes there are any inaccuracies. The student will need to make a formal written request to the Registrar’s Office and specify the revisions that need to be made.
- The right to seek amendment to the record if the student believe the information to be inaccurate or misleading. If, upon review, the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing to appeal the decision regarding the request for amendment.
- The right to limit disclosure of personally identifiable information, known as Directory Information. All student educational records are kept confidential and cannot be released without the student’s consent with the exception of directory information. A student may, however, request that his or her directory information also be kept confidential. To do so the student must submit a written request to the Registrar’s Office.
Herzing University’s Directory Information
- Student’s name
- Telephone number
- Herzing sponsored email address
- Program of study
- Dates of attendance
- Enrollment Status
- Degrees, Diplomas, Honors, and Awards received
- Previously attended educational institutions
- Participation in officially recognized activities
- Date of Birth
FERPA permits disclosure without consent to certain groups, including school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic, or research, and support staff position. Other persons or organizations that are allowed access to student records without consent from the student include agencies providing students financial aid, certain federal, state and accrediting agencies carrying out their function, persons in compliance with a judicial order, and persons who, in emergency, seek to protect the health or safety of students or other persons.
A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
Upon request, the University may discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
Confidential information can be released directly to the student; however, it cannot be released directly to the student’s family members (e.g., parents, spouses, etc.) without the written consent of the student.
Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Herzing University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520
Phone: 1-800-USA-LEARN (1-800-872-5327)
International Student Attendance Policies and Procedures
Herzing University understands the academic, cultural and English-language challenges international students attending Herzing University on an F-1 student visa must overcome to be successful. The university expects that the sole rationale for an international student’s admission and presence in the U.S. is to complete their chosen academic program(s) and receive a Herzing University degree. The University has established International Student Attendance Policies and Procedures to provide all possible support and guidance for this goal, particularly during the first two semesters of study. Unless superseded by these policies and procedures, all international students are required to follow all other university policies and procedures as stated in the catalog and handbook.
International Student Attendance Philosophy and Requirement
The philosophy of Herzing University is that college is not only a place to learn technical and business skills and to develop academically, but also a place to develop important work habits. These include responsibility and reliability. Attendance is a major factor in both and one of the keys to successful academic performance, particularly for international students.
Since international students are in the U.S. on an F-1 visa for the sole purpose of pursuing a degree program at Herzing University, international students must fully participate in all Herzing University course meetings and all required activities. International students who miss a course meeting , University activity, or a course assignment without contacting the instructor/coordinator or the dean and/or without providing the necessary documentation (see Extenuating Circumstances below) may be subject to disciplinary action, including, but not limited to, dismissal from Herzing University.
Withdrawals Due to Attendance
See “Withdrawal From University” policy.
International New Students
New students must attend/actively participate in week two of courses in order to be considered enrolled. If a new student does not attend/actively participate in a class in week two, his/her enrollment will be canceled. Week one is considered a trial period for new students only. A new student who attends/actively participates in week one but never attends/actively participates in week two will not become an active student, and his/her enrollment will be canceled. If a student is attending more than one class, the student becomes active based on attendance of at least one class in week two. Herzing will not drop or unregister a class as long as the student has attended a course in week one and has attended a different course in week two. A student can still request to be unregistered from a class that has been attended only in week one until the start of week three. Please note, however, that if a student never attends a class in both week one and week two, the individual course will be unregistered. Additionally, if a new student never attends all courses in week two, the student’s enrollment will be cancelled.
International Continuing Students
A continuing international student becomes an active student once he/she attends his/her first class in the term. If a student attends/actively participates in one class, but does not attend other(s), the class(es) not attended/actively participated in will be unregistered. An international student must maintain full-time status to maintain his/her F-1 visa status in the U.S. See ” Online Attendance” for further requirements.
International Graduate Re-enrolls
International graduate re-enrolls must attend/actively participate in week two of courses in order to be officially counted as a start. If graduate re-enroll students do not attend in week two, he/she must be pre-school cancelled. Week one is considered a trial period for re-entries and graduate re-enroll students, the same as it is for new students. An international graduate re-enroll student who attends week one but never attends week two is not considered a start and needs to be pre-school cancelled. An international student must maintain full-time status to maintain his/her F-1 visa status in the U.S. See ” Online Attendance” for further requirements.
Extenuating Circumstances and Notification of Absences Requirements for International Students
International students are required to attend every class and activity designated as such. International students are required to inform their instructors or the office if they know they will have to miss a class. If there are extenuating circumstances (such as a documented health problem, etc.) that caused an absence or is expected to cause absences in the future, international students are required to contact their instructor or the Academic Dean immediately and in advance if possible. Documentation (such as a Health Care Facility Sick/Injury Report) must be provided immediately. International students returning from an absence are expected to immediately address missed material with the instructor outside of scheduled class hours.
Grading and Success Effect of Absences for International Students
Attendance is one of the keys to success for international students. Although points will not be directly deducted from a student’s academic average because of absences, students can expect tests, quizzes, or other graded assignments to be scheduled without notice during any given class session. If a student misses a test, quiz, or assignment because of an absence, the instructor is not obligated and will not normally allow a make-up quiz, test, or assignment. Extenuating circumstances will be taken into consideration when deciding if make-up work will be permitted.
Approved Break - International Student
An international student studying at a Herzing University campus on an F1 student visa may request to take a break of up to one semester after each full academic year of study (i.e., two semesters) without being withdrawn from the University during the break. A Confirmation to Return Form is required to be completed by the student and approved by each designated campus official including the campus DSO prior to the break. Refer to the Academic Department to obtain information on eligibility to make this type of request. If the student does not return to study by the beginning of the following semester, he/she will be withdrawn from the University.
To help ensure international students attending Herzing University on F-1 visas reside in safe, adequate, cost-effective, and convenient housing during their studies at the university, international students are required, at their cost, to reside in University-approved housing from their date of arrival and continuing until completion of their first twelve months of study. Herzing University will provide international students approved housing information prior to their arrival in the United States. Campus Presidents may provide written waivers to this policy, on a case-by-case basis, for married international students residing with their families, when immediate family housing is available, or for other extenuating circumstances.
Herzing University reserves the right to require international students not subject to this requirement to reside in University-approved housing due to insufficient academic achievement or attendance issues. This includes international students previously not subject to the University housing requirement, those who have completed their first twelve months of study in University-approved housing, and those who have previously received written waivers to this policy.
ams. The results for individual students will be kept strictly confidential, will not be maintained, and will not affect their academic standing in any way.
Policy on Withholding Official Transcripts, Degrees, and Diplomas
Official transcripts, degrees, and diplomas will be withheld until all obligations related to Herzing University are fulfilled.
Pregnant and Parenting Student Policy
Herzing University is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX). Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage. Herzing University hereby establishes a policy and associated procedures for ensuring the protection and equal treatment of pregnant individuals, persons with pregnancy-related conditions, and new parents.
Under the Department of Education’s (ED) Title IX regulations, an institution that receives federal funding “shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.” According to ED, appropriate treatment of a pregnant student includes granting the student leave “for so long a period of time as deemed medically necessary by the student’s physician,” and then effectively reinstating the student to the same status as was held when the leave began.
This generally means that pregnant students should be treated by Herzing University the same way as someone who has a temporary disability, and will be given an opportunity to make up missed work wherever possible. Extended deadlines, make-up assignments (e.g. papers, quizzes, tests, and presentations), tutoring, independent study, online course completion options, and incomplete grades that can be completed at a later date should all be employed in addition to any other ergonomic and assistive supports typically provided by Disability Services. To the extent possible, Herzing University will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same course catalog that was in place when the leave began. The Title IX Coordinator has the authority to determine that such accommodations are necessary and appropriate, and to inform faculty members of the need to adjust academic parameters accordingly.
As with disability accommodations, information about pregnant students’ requests for reasonable accommodations will be shared with faculty and staff only to the extent necessary to provide the accommodation. Faculty and staff will regard all information associated with such requests as private and will not disclose the information unless necessary. Administrative responsibility for these accommodations lies with the Title IX Coordinator, who will maintain all appropriate documentation related to accommodations and requests.
In situations such as clinical rotations, labs, and group work, the University will work with the student to devise an alternative path to completion, where possible. In progressive curricular and/or cohort-model programs, medical necessary leaves are sufficient cause to permit the student to shift course order, substitute available similar courses, or join a subsequent cohort when returning from leave.
Students are encouraged to work with faculty members and Herzing University’s support services to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator may assist with plan development and implementation as needed.
This policy applies to all aspects of Herzing University’s program, including, but not limited to, admissions, educational programs and activities, extracurricular activities, hiring, leave policies, employment policies, and health insurance coverage.
Caretaking: caring for and providing for the needs of a child
Medical Necessity: a determination made by a health care provider (of the student’s choice) that a certain course of action is in the patient’s best health interests.
Parenting: the raising of a child by the child’s parents in the reasonably immediate post-partum period.
Pregnancy and Pregnancy-Related Conditions: include, but are not limited to, pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connections with pregnancy, and recovery from any of these conditions.
Pregnancy Discrimination: includes treating an individual affected by pregnancy of a pregnancy-related condition less favorably than similar individuals not so affected, and includes a failure to provide legally mandated leave or accommodations.
Pregnant Student/Birth-Parent: refers to the student who is or was pregnant. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.
Reasonable Accommodations (for the purposes of this policy only): changes in the academic environment or typical operations that enables pregnant students or students with pregnancy-related conditions to continue to pursue their studies and enjoy the equal benefits of Herzing University.
Reasonable Accommodation of Students Affected by Pregnancy, Childbirth, or Related Conditions
- Herzing University and its faculty, staff, and other employees will not require students to limit their studies as the result of pregnancy or pregnancy-related conditions.
- The benefits and services provided to students affected by pregnancy will be no less than those provided to students with temporary medical conditions.
- Students with pregnancy-related disabilities, like any student with a short-term or temporary disability, are entitled to reasonable accommodations so that they will not be disadvantaged in their courses of study, and may seek assistance from the Title IX office.
- No artificial deadlines or time limitations will be imposed on requests for accommodations, but Herzing University is limited in its ability to enact or implement accommodations retroactively.
- Reasonable accommodations may include, but are not limited to:
- Providing accommodations requested by a pregnant student to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances);
- Making modifications to the physical environment (such as accessible seating);
- Providing mobility support;
- Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences;
- Offering remote learning options, where available;
- Excusing medically-necessary absences (granted irrespective of classroom attendance policies set by individual faculty members, departments or divisions);
- Granting leave per Herzing University’s medical leave policy or implementing incomplete grades for classes that will be resumed at a future date; or
- Allowing breastfeeding students reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible. Bathroom stalls do not satisfy this requirement.
- Nothing in this policy requires modification to the essential elements of any academic program. Pregnant students cannot be channeled into an alternative program or school against their wishes.
Modified Academic Responsibilities Policy for Parenting Students
- Students with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child may request an academic modification period during the first three (3) months from the time the child entered the home. Extensions may be granted when additional time is required by medical necessity or extraordinary caretaking/parenting responsibilities.
- During the modification period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate, in collaboration among the Title IX office, the student’s student services specialist, and the appropriate academic department.
- Student seeking a period of modified academic responsibilities may consult with their academic advisor or with the Title IX office to determine appropriate academic accommodations requests. The Title IX office will communicate all requests under this policy to students’ student services specialists and coordinate accommodation-related efforts with the specialists. Students are encouraged to work with their student services specialist and faculty members to reschedule course assignments, lab hours, examinations, or other requirements and/or to reduce their overall course load as appropriate, once authorization is received from the Title IX office. If for any reason, caretaking/parenting students are not able to work with their student services specialist or faculty members to obtain appropriate and necessary modifications, students should alert the Title IX Coordinator as soon as possible, and the Coordinator will help facilitate any accommodations or modifications.
- Students can request modified academic responsibilities under this policy regardless of whether they elect to take a leave of absence.
- While receiving academic modifications, students will remain registered and retain benefits accordingly.
- As long as students can maintain appropriate academic progress, faculty, staff, or other Herzing University employees will not require them to take an approved, or withdraw from or limit their studies as the result of pregnancy, childbirth, or related conditions, but nothing in this policy requires modification of the essential elements of any academic program.
- Enrolled students may elect to take an approved break for up to one full semester because of pregnancy and/or the birth, adoption, or placement of a child.
- Students taking an approved break under this policy will provide notice of the intent to take a break 30 calendar days prior to the initiation of the break, or as soon as practicable.
- To the extent possible, Herzing University will take reasonable steps to ensure that upon return from break, students will be reinstated to their program in the same status as when the leave began, with no tuition penalty.
- Continuation of students’ scholarship or similar university-sponsored funding during the approved break will depend on the students’ registration status and the policies of that funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for scholarships or similar university-sponsored funding by exercising their rights under this policy.
- The Title IX office can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that an approved break places eligibility into question.
- All student-employees will be entitled to the protections of the Family and Medical Leave Act.
- Pregnancy and related conditions will be treated as any other temporary disability for job purposes, including leave and any benefits, where applicable.
- Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which employees will be reinstated to the status they held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
Retaliation and Harassment
- Harassment of any member of the Herzing University based on sex, gender identity, gender expression, pregnancy, or parental status is prohibited.
- Faculty, staff, and other Herzing University employees are prohibited from interfering with students’ right to take leave, seek reasonable accommodation, or otherwise exercise their rights under this policy.
- Faculty, staff, and other Herzing University employees are prohibited from retaliating against students for exercising the rights articulated by this policy, including imposing or threatening to impose negative educational outcomes because students request leave or accommodation, file a complaint, or otherwise exercise their rights under this policy.
Dissemination of the Policy and Training
A copy of this policy will be made available to faculty, staff, and employees in annually required training and posted on the Herzing University website. Herzing University will alert all new students about this policy and the location of this policy as part of orientation. The Title IX Coordinator will make educational materials available to all members of the Herzing University community to promote compliance with this policy and familiarity with its procedures.
If a program change is desired, it should be made only at the end of the semester and only after consultation with the Academic Dean.
Service Quality Assurance
Herzing University is committed to the complete satisfaction of our students and their employers. We pride ourselves in providing a quality, student-centered educational experience that successfully prepares our graduates for employment. We offer the following written service quality assurance to our valued student and employer customers.
Assurance to Students
A Herzing University student may retake any course that he or she is dissatisfied with at no additional charge for tuition provided the student completed and passed the course with a “B” or better, demonstrated compliance with the stated attendance policy for the course in question, is not in default on his/her student loan(s), and is current in financial standing with the University.
Assurance to Employers
If an employer feels a Herzing University graduate is not functioning satisfactorily in a job reasonably related to his or her program of study that had been completed within the last 12 months, Herzing University will allow the student to retake any course offered in the student’s completed curriculum without tuition cost to the student or the employer.
Notes on the Service Quality Assurance Policy
- For employers, a phone call or letter to the Department of Career Development, the Academic Dean, or campus President/Director will be sufficient to allow students to repeat any course(s) that the employer believes is/are necessary.
- The student repeating a course will be expected to attend a class (on a space-available basis) offered in the University’s normal class schedule.
- A student repeating a course will do so on an “audit” basis (i.e., no grade will be received, and the student’s academic performance will not affect his or her transcript).
- A student repeating a course under the student assurance above must do so within 12 months of completing that course. Please note that the student is responsible for the purchase of books and materials.
Herzing University prohibits all forms of sexual misconduct, including, but not limited to, sexual assault, sexual harassment, domestic violence, dating violence, and stalking.
No employee or student will be subject to any form of retaliation, intimidation, or discipline for pursuing a sexual misconduct complaint.
State law defines various violent and/or non-consensual sexual acts as crimes. While some of these acts may have parallels in criminal law, Herzing University has defined categories of sex/gender discrimination as sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, the University considers Non-Consensual Sexual Intercourse violations to be the most serious of these offenses, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, the University reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other sex/gender-based offenses, including intimate partner (dating and/or domestic) violence, non-consensual sexual contact and/or stalking based on the facts and circumstances of the particular allegation. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.
Reporting Party: is an individual who reports a concern regarding possible sexual misconduct, harassment, or discrimination to the University and an individual who reportedly experienced sexual misconduct, harassment, or discrimination.
Responding Party: is a University student, employee, or participant in a University program who reportedly engaged in sexual misconduct. This term also includes individuals whose identities are unknown if there is reason to believe that they may be a University student, employee, or participant in a University program or if the Reporting party or Reporter is a student.
Consent: is a positive, unambiguous agreement, expressed in mutually understandable words or actions, to engage in specific sexual activity throughout the duration of a sexual encounter. Silence or lack of resistance does not constitute consent. Either party at any point can withdraw consent. Consent must be voluntarily given and may not be valid if a person is subject to real or perceived coercion, force, or threats. Consent to engage in one sexual activity does not indicate consent to another sexual activity, and past agreement to engage in a particular sexual activity cannot be presumed to constitute consent to engage in future sexual activity. Similarly, consent to sexual activity with one partner does not constitute consent to engage in sexual activity with any other partner. A person who is known, or reasonably known to be incapacitated or anyone under the age designated by each state (see Age of Consent) cannot give valid consent.
Incapacitation: is defined as a state where someone lacks the physical and/or mental ability to make informed, rational judgments and to act on those judgments (e.g. to understand the “who, what, when, where, why, or how” of their sexual interaction). Causes may include, but are not limited to, an intellectual or other disability, being in an unconscious state, having consumed alcohol or taken drugs, or being in an altered psychological state. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.
It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.
Age of Consent: Age of consent varies by state. Federal age of consent is 18. Sexual contact by an adult with a person younger than the age of consent may be a crime and a potential violation of this policy even if the minor wanted to engage in the act.
NOTE: Silence or the absence of resistance alone is not consent. There is no requirement on a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of consent is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual activity is not by definition forced.
Examples of lack of consent can be found in the Annual Security Reports here: https://www.herzing.edu/annual-security-reports
Force: is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that overcome resistance or produce consent. (e.g. “Have sex with me or I’ll hit you.” “Okay, don’t hit me; I’ll do what you want.”).
Coercion: is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Intimate Partner Violence (including Dating Violence and Domestic Violence): describes actual or threatened physical or sexual violence by a current or former intimate partner. It may also include emotional and psychological abuse, usually by words or actions that seek to establish power and control and cause fear of physical or sexual violence. Intimate partner violence may also include stalking behaviors.
Examples of Intimate Partner Violence are found in the Annual Security Reports here: https://www.herzing.edu/annual-security-reports
Non-Consensual Sexual Intercourse
- Any sexual intercourse
- however slight
- with any object
- by a person upon another person
- that is without consent and/or by force
Sexual intercourse includes:
- Vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact) no matter how slight the penetration or contact.
Non-Consensual Sexual Contact
- Any intentional sexual touching
- however slight
- by a person upon another person
- that is without consent and/or by force
Sexual touching includes:
- Intentional contact with the breasts, groin, or genitals, or mouth or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or
- Any other bodily contact made in a sexual manner.
Sexual Exploitation: refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse, or Non-Consensual Sexual Contact.
Examples of Sexual Exploitation are found in the Annual Security Reports here: https://www.herzing.edu/annual-security-reports
Sexual Harassment: See separate policy above.
Stalking: is obsessive or repeated unwanted attention directed to either an individual or a group that is likely to cause a reasonable person alarm, fear, or significant emotional distress. Some examples of behavior that could be considered stalking are: following, unwanted phone calls, text messages, emails, letters or voicemails, leaving unwanted gifts or flowers, lying in wait. Stalking usually is a pattern of behavior over an extended period of time, however, depending on the severity of the circumstances, even two instances of such behavior could be sufficient to constitute stalking.
Examples of Stalking are found in the Annual Security Reports here: https://www.herzing.edu/annual-security-reports
Retaliation: as it relates to this sexual misconduct policy, is taking adverse action against an individual or individuals for reporting an incident of sexual misconduct, for supporting a party bringing an allegation forward, or for participating in a sexual misconduct investigation or proceeding. Retaliation is a serious violation of University policy and will be treated as another possible instance of harassment or discrimination.
Examples of Retaliation are found in the Annual Security Reports here: https://www.herzing.edu/annual-security-reports
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Herzing University is prepared to take appropriate steps to protect individuals who fear that they may be subject to retaliation.
Intimidation: is an attempt to compel someone to or deter someone from action by real or perceived threats or acts that cause an unreasonable fear of harm.
See the Annual Security Report for each Herzing University campus here: https://www.herzing.edu/annual-security-reports
Prevention and Education
Risk Reduction Tips
Risk reduction tips can often take a victim-blaming tone, even unintentionally. Only those who commit sexual violence are responsible for those actions. We offer the tips below with no intention to victim-blame, with recognition that these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act or other assault.
- If you have limits, make them known as early as possible.
- Tell a sexual aggressor “NO” clearly and firmly.
- Try to remove yourself from the physical presence of a sexual aggressor. If there is someone nearby, ask for help.
- Take affirmative responsibility for your alcohol intake or drug use. Acknowledge that alcohol and drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
- Give thought to sharing intimate content with others (pictures, images, videos, etc.) If you do choose to share, clarify your expectations as to how or if those images may be used, shared, or disseminated.
- Be aware of your surroundings and trust your instincts. If you feel unsafe on campus, seek assistance from a campus administrator immediately.
- Avoid isolated areas, especially in the dark.
- Walk with purpose. Even if you do not know where you are going, act as though you do.
- Make sure your cell phone is with you, and charged and that you have money for cab fare or public transportation, if needed. Please note that even if a cell phone is not activated with a plan or prepaid minutes, it is able to make emergency calls to 911.
- Park your car in a well-lit area if you are on campus in the evenings.
If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. The following suggestions may help you to reduce your risk for being accused of sexual misconduct:
- Clearly communicate your intentions to your potential sexual partner. Give them a chance to clearly relate their intentions to you.
- Understand and respect personal boundaries.
- Never make assumptions about consent. Do not assume someone’s sexual availability, whether they are attracted to you, how far you can go, or whether they are physically and/or mentally able to consent. Your partner’s consent should be affirmative and continuous. If there are any questions or ambiguity, you do not have consent.
- Mixed messages from your partner are a clear indication that you should stop, diffuse sexual tension, and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.
- Do not take advantage of someone’s drunkenness or altered state, even if they willingly consumed alcohol or other substances.
- Realize that your potential partner could feel intimidated or coerced by you. You may have a power advantage simply because of your gender or physical presence. Take care not to abuse that power.
- Do not share intimate pictures, images, videos, or other content that are shared with you.
- Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
- Silence, passivity, or non-responsiveness cannot be interpreted as an indication of consent. Read your partner carefully. Pay attention to verbal and non-verbal communication and body language.
Safe and Positive Options for Bystander Intervention
Whenever you attempt to intervene in a situation that you think could constitute or lead to intimate partner violence, sexual assault, or stalking, always make sure that you keep yourself safe. If things get out of hand or too serious, you should contact law enforcement immediately.
General Tips for Intervention
- Approach the situation in a friendly way, do not be antagonistic
- Avoid using violence
- Be honest and direct when possible
- Get others to join you in intervening if possible
- Interruption – step in and directly ask an individual to stop what they are doing or saying and tell them why you feel it is wrong
- Separation – separate the two parties directly, let them know why you are separating them, and make sure everyone gets home safely if alcohol is involved.
- Distraction – create a disturbance or a reason for one of the involved parties to engage in conversation or leave the situation
- Education – challenge attitudes and opinions you hear from others that promote negative ideas about women or support sexual violence; stand up for others
Immediately Following an Incident
If any individual (student or employee) is a victim of sexual misconduct (including sexual assault, domestic violence, dating violence, or stalking), his or her first priority should be to get to safety. He or she should next seek any necessary medical treatment. If you have been a victim of sexual assault, do not wash or change clothes, as valuable evidence could be lost.
Reporting Policy and Procedures for Harassment and Discrimination Complaints
Reports of discrimination, harassment and/or retaliation may be made using any of the following options. There is no time limitation on the filing of allegations. However, if the responding party is no longer subject to the University’s jurisdiction, the ability to investigate, respond and provide remedies may be more limited:
1)Report directly to the Title IX Coordinator:
Director of University Safety and Compliance
Title IX Coordinator/ADA Coordinator
W140 N8917 Lilly Road
Menomonee Falls, WI 53051
2)Report online, using the reporting form posted at: http://tinyurl.com/ethicsstudent-herzing
All reports are acted upon promptly while every effort is made by the University to preserve the privacy of reports. Such reports may also be anonymous. Anonymous reports will be investigated to determine if remedies can be provided. Additionally, all employees of the University are designated as mandated reporters and will share a report with the Title IX Coordinator promptly. Confidentiality and mandated reporting is addressed more specifically below. Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to the Chief Compliance Officer.
Sexual Misconduct Reports
Any student or employee who reports to the University that he or she has been a victim of sexual assault, intimate partner violence, or stalking, regardless of where the incident took place, shall be provided with a copy of the Annual Security Report and documentation detailing the following:
- The individual’s option to notify proper law enforcement authorities.
- The option to be assisted by campus authorities in notifying law enforcement authorities if he or she so chooses.
- His or her option to decline to notify such authorities.
- The individual’s options for (and any available assistance in) changing academic, living, transportation, and/or working situations if so requested and reasonably available, regardless of his or her choice whether or not to report the crime to the authorities.
- Where applicable, his or her rights, and the University’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil or tribal court.
- The student’s option to request that the University issue a No Contact Order.
- The link to the United States Department of Justice’s Violence Against Women Office website, http://www.justice.gov/ovw, which contains information regarding victim’s rights and available assistance.
- A list of other local resources available.
Herzing University maintains no housing for either employees or students. Consequently, any change in living arrangements that would be desired by a reporting party must be the responsibility of that individual. However, the University will assist students who are seeking alternate housing by providing recommendations or a source of appropriate housing recommendations.
The reporting party will have an opportunity to request assistance in changing their academic situation. Possible alternatives include:
- Changing Instructors
- Changing Course Schedule
- Temporary Withdrawal
The University will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor upon a finding that they have engaged in harassing or discriminatory behavior or retaliation.
The University will maintain as confidential any accommodations or protective measures, provided confidentiality does not impair the University’s ability to provide the accommodations or protective measures.
Herzing University will not tolerate intentional false reporting of incidents. It is considered a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
Confidentiality and Reporting of Offenses under This Policy
All University employees (faculty, staff, and administrators) are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. The following describes the reporting options at Herzing University:
If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with:
- Licensed professional counselors
- Local rape crisis counselors
- Domestic violence resources
- Local or state assistance agencies
All of the above-listed individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor. ULifeline and/or the Employee Assistance Program are available to help free of charge and can be seen on an emergency basis during normal business hours.
Formal Reporting Options
All University employees have a duty to report. Reporting parties may want to consider carefully whether they share personally identifiable details with employees, as those details must be shared with the Title IX Coordinator. Employees must promptly share all details of the reports they receive. Generally, climate surveys, classroom writing assignments or discussions, human subjects research, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to the Coordinator by employees, unless the reporting party clearly indicates that they wish a report to be made. Remedial actions may result from such disclosures without formal University action.
If a reporting party does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the reporting party may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. Note that the University’s ability to remedy and respond to a reported incident may be limited if the reporting party does not want the institution to proceed with an investigation and/or the Equity Resolution Process.
In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for confidentiality. In cases where the reporting party requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies to the reporting party and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have allegations taken seriously by Herzing University when formally reported, and to have those incidents investigated and properly resolved through these procedures.
Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: Human Resources, Student Services, the office of the Chief Compliance Officer, and the University Provost. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy. Additionally, victims and/or third parties may make anonymous reports using the online reporting form posted at http://tinyurl.com/ethicsstudent-herzing
Note that these anonymous reports may prompt a need for the institution to investigate.
Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sex/gender harassment or discrimination of which they become aware is a violation of University/College policy and can be subject to disciplinary action for failure to comply.
Amnesty for Violations of Drug and Alcohol Policy
Any witness or victim of an incident of sexual assault who reports the incident in good faith will not be sanctioned by the institution for admitting in the report to a violation of Herzing University’s policy regarding the personal use of drugs or alcohol.
Emergency Contact Notification
Herzing University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly drug or alcohol violations. Where a student is non-dependent, the University will contact parents/guardians, or a designated emergency contact to inform them of situations in which there is a significant and articulable health and/or safety risk. The University also reserves the right to designate which university officials have a need to know about individual conduct reports pursuant to the Family Educational Rights and Privacy Act.
Social Media Policy
Students, faculty, staff, administration, and our constituents constitute a community of learners. Collectively, we share responsibility for exchanging knowledge and information, creating a culture that respects and values diversity, maintains an environment of accountability, and exemplifies Herzing University’s core values of professionalism, respect, integrity, caring for others, and engagement.
Herzing University believes that post-secondary education should create a platform for meaningful interaction among its constituents. Optimally, learning is a collaborative process. The richness of the learning experience is dependent upon the creation of a safe environment that encourages members of the learning community to share personal points of view. Social media platforms serve as one medium for the exchange of perspective.
Herzing University acknowledges that each form of social media including, but not limited to, Facebook™, Twitter™, Instagram™, YouTube™, LinkedIn™, blogs, WhatsApp™, SnapChat™, Pinterest™, and consumer websites may be used as a platform for interaction. As members of the Herzing University community, students, faculty, and staff must recognize that opinions that they share may be attributed to the University. The same laws, professional expectations, and guidelines for interaction between and among Herzing University constituents apply regardless of physical or virtual context.
Because the university experience provides opportunities to inflict particular damage by revealing protected, personal educational information, violate patient health information laws, and publish other protected personal and institutional information, there is a high level of personal, professional, and institutional responsibility that students, faculty, and staff must demonstrate when using social media. The Social Media Policy is intended to provide a framework for appropriate use of social media.
Guidelines for Posting on Social Media Sites
Unless specifically instructed, students, faculty, staff, and administration are not authorized, and therefore are prohibited from, speaking on behalf of Herzing University.
Social Media Postings Should
- Maintain a professional image of Herzing University, its staff, faculty, students, and industry partners as respected individuals and organizations; and
- Maintain a positive and productive public image across the various academic and relevant professional industries.
Social Media Postings Must Not
- Be offensive, threatening, bullying, illegal, defamatory, or hostile;
- Contain profanity, false statements, or content that is sexual in nature, suggestive, or discriminatory either directly or suggestively;
- Promote or advertise a commercial product or solicit business or membership to other organizations;
- Contain phone numbers or e-mail addresses;
- Infringe on the rights of the organization or any individual or entity to include privacy, intellectual property, or publication rights; or
- Violate any applicable government or regulatory body policies including HIPAA.
Herzing University respects the right of students, faculty, staff, and administration to write blogs and use social networking sites and does not wish to discourage self-publishing or self-expression. Students, faculty, staff, and administration are expected to follow the guidelines and policies set forth. Herzing University respects the right of individuals to use blogs and social networking sites as a medium of selfexpression and public conversation and does not discriminate against those who use these media for personal interests and affiliations or other lawful purposes.
Bloggers and commenters are personally responsible for their commentary on blogs and social networking sites. Herzing University recommends that individuals make sincere efforts to confirm the truth and accuracy of facts set forth in each social media post prior to posting. Bloggers and commenters can be held personally liable for commentary that is considered defamatory, obscene, proprietary, or libelous by any offended party, including but not limited to Herzing University.
Students, faculty, staff, and administration may not use University-owned equipment, including computers, University-licensed software, or other electronic equipment to conduct personal blogging or social networking activities. Students, faculty, staff, and administration may not use blogs or social networking sites to harass, threaten, discriminate, or disparage against anyone associated with or doing business with Herzing University. If an individual chooses to identify himself/herself as being affiliated with Herzing University, it should be understood that some readers may view him/her as a spokesperson for the University. Consequently, individuals should state that views expressed in their blog or on other social media platforms are their own and not those of the University, or of any person or organization affiliated or doing business with Herzing University.
Social Media Monitoring
Students, faculty, staff, and administration are cautioned that they should have no expectation of privacy while using the Internet. Postings can be reviewed by anyone, including Herzing University. The University reserves the right to monitor comments or discussions about the University, its employees, students, and the industry, including products and competitors, posted on the Internet by anyone, including employees and nonemployees. Students, faculty, staff, and administration are cautioned that they should have no expectation of privacy while using University equipment or facilities for any purpose, including authorized blogging.
Herzing University reserves the right to
- Ban future posts from people who repeatedly violate the social media policy and/or the University code of conduct;
- Remove or edit comments from its social media properties at any time;
- Request third-party providers and/or social media platforms to ban or remove posts;
- Amend these policies at its discretion, regardless of timing, circumstance, or without formal notice; and
- Take disciplinary or legal action related to student violation of the social media policy.
Herzing University requests and strongly urges students, faculty, staff, and administration to report any violations or possible or perceived violations. Violations may include discussions of Herzing University and its employees, students, and clients and any unlawful activity related to blogging or social networking.
Discipline for Violations
Herzing University investigates and responds to all reports of violations of the social media policy and other related policies. Violation of the University’s social media policy will result in disciplinary action up to and including dismissal from the University.
Discipline will be determined based on the nature and factors of any blog or social media post. Herzing University reserves the right to take legal action where necessary against students, faculty, staff, and administration who engage in prohibited or unlawful conduct.
Nursing and Allied Health Programs
In addition to the Herzing University Social Media Policy, most clinically based programs have additional restrictions required by various professions as listed below:
- Confidentiality must be maintained. The student or faculty member may not transmit via any electronic media any patient-related information or images that may be reasonably construed to violate patient confidentiality. Students must not
- Identify patients by name or use data that may lead to identification; or
- Share, post, or in any way disseminate any information about a patient gained through the provider-patient relationship with anyone other than the healthcare team or with a faculty member as it is used in evaluation of educational outcomes.
- Students may not post disparaging, offensive, threatening, bullying, illegal, defamatory, or hostile comments about a patient, faculty member, employee, student, or clinical facility, even if not identified.
- Students may not take photos or videos of patients on personal devices, including mobile devices.
- Students must maintain professional boundaries in the use of electronic media.
- Students must adhere to the social media policies of the agencies hosting internships, preceptor experiences, or faculty-guided clinical experiences. This includes policies related to agency-owned computers, cameras, and other electronic devices and the use of personal devices while on the property of the agency.
- Students must immediately report any identified breach of confidentiality, privacy, or policy violation to a faculty member or administrator.
- Students must recognize and remember the ethical and legal obligations required to maintain privacy and confidentiality at all times.
Failure to adhere to these policies may result in reprimand, failure of a course, dismissal from the University, or other actions as defined within the University’s Student Code of Conduct policy.
Software and Minimum Technology Requirements
Students may be scheduled to take courses online or in a hybrid format, and many courses use electronic textbooks (eBooks); therefore, the following are minimum computer system requirements for both PC and Mac users. These requirements are reviewed periodically and subject to change. Additional requirements are listed for specific programs. Note: Students taking courses in an online or hybrid format should have a technology back-up plan in case their normal technology is not operable for a period of time.
PC Users (Online or Hybrid Students)
- Windows 7, 8, or 10 operating system (Windows 8 “RT” is not supported)
- A minimum of 4 gigabytes (4 GB) of internal memory.
- A minimum of 1.5 gigahertz (1.5 GHz) processor
- A minimum of 20 gigabytes (20 GB) free storage/hard drive space
- A minimum of 2 gigabit (2 Gb) unmetered (unlimited) Internet connection — most courses are media-intensive. Dialup, Satellite, and metered Cellphone Internet is unsuitable.
- Internet Explorer 9.0 or higher, Firefox 52 or higher, or Chrome (Firefox and Chrome are freeware, downloadable from the web)
- Windows Edge Browser is not supported.
- Monitor resolution of 1,280 x 800 or higher.
- Speakers or headphones
- Webcam or phone video cam capable of creating 5-10 minute video files
Mac Users (Online or Hybrid Students)
- A Intel-based Apple Macintosh with Windows boot capability
- Boot Camp or Parallels (program required to run Windows on MAC)
- MAC OS X 10.11 or higher
- A minimum of 6 gigabytes (6 GB) RAM
- A minimum of 40 gigabytes (40 GB) free storage/hard drive space
- A minimum of 2 gigabit (2 Gb) unmetered (unlimited) Internet connection — most courses are media-intensive. Dialup, Satellite, and metered Cellphone Internet is unsuitable.
- Safari 11 or higher, Firefox 52 or higher, or Chrome (Firefox and Chrome are freeware, downloadable from the web)
- Monitor resolution of 1,280 x 800
- Speakers or headphones
- Webcam or phone video cam capable of creating 5-10 minute video files
Microsoft Office Installation (Online and Campus Students)
It is very important that the following guidelines are used prior to and during the installation of Microsoft Office 2013.
- Please see the instructions located on the Herzing website at https://www.herzing.edu/files/office2013-download-student.pdf for installing Microsoft Office (you will be directed to a one-page PDF).
- If you have any problems installing this software, please contact tech support at 1-866-508-0748, extension 10000.If you receive a voicemail message, please leave your name, student number, phone number, and a description of the issue that you are having.
- Please note that Herzing University is not responsible for any damage that may occur to a student’s computer, including, but not limited to, hardware, software, file directory, or file contents as a result of student’s installing software or not having the appropriate hardware configurations for such installation.
Additional Requirements for Allied Health and Health Information Management Students (Online and Hybrid Students)
- Students in the allied health programs should avoid using Apple Mac computers, as they have proven to be problematic when accessing publisher-required sites and software sites such as VLab or Connect.
- Virtual Lab System requirements and AHIMA recommend the following software programs:
- Java (Oracle Corporation)
- Adobe Flash
- Microsoft Silverlight
- Citrix Receiver
Additional Requirements for Medical Assisting and Nursing Program Students (Online and Campus Students)
- Students will need access to a scanner to upload timesheets and other course material signed off by a clinical site designee and/or proctor.
Additional Requirements for Software Development and Information Technology Students (Online or Hybrid Students)
- A PC is strongly recommended for technology courses.
- Students using a Mac in their technology courses will need to use a PC for any course using Oracle software.
- Microsoft Internet Explorer 11 or higher (capable of running Microsoft Active X Control) is required for information technology students.Firefox, Safari, and other browsers do not meet this requirement.
- A minimum of 4048 megabytes (4 GB) of internal memory
- A minimum of 1.6 gigahertz (1500 MHz) processor
- A high-speed internet connection
- Microsoft Silverlight 4 or 5 (running Silverlight supported web browsers)
- Silverlight 4 browser support:
- Silverlight 5 browser support: http://www.microsoft.com/getsilverlight/Get-Started/Install/Default.aspx
Students taking NT 305 and NT 341 must have a computer with the following hardware requirements:
- A 64-bit processor and at least an i5 Intel processor with VT technology (or equivalent AMD)
- At least 16 GB of RAM
- 300 GB free disk space
- Network interface card (NIC)
Students taking NT 320 must have a computer with the following hardware requirements:
- A 64-bit processor
- A wireless adapter or a wireless network interface card (NIC)
- Internet access
Statement of Shared Responsibility
Students, faculty, staff, and administration, in partnership with all university constituents, comprise a community of learners. Collectively, we share responsibility for exchanging knowledge and information, creating a culture that respects and values diversity, and for maintaining an environment of accountability. Within the challenging and supporting learning environment at Herzing University, students of all ages, ethnicities, religions, gender, abilities, socio-economic backgrounds, and sexual orientations are welcome to engage in the process of preparation for career readiness, active citizenship and lifelong learning.
In order to fulfill its mission, all members of the Herzing University community have a responsibility to promote and the right to expect the following:
Respect for Persons: The opportunity to ask questions and to express opinions is fundamental to the learning process. Diversity in perspective strengthens the learning environment for all participants. All members of the learning community will demonstrate respect for others while communicating a point of view and while allowing others to do the same, ensuring that the University is free from intimidation and harassment. Disagreements among members of the learning community are expected to be resolved through a process that preserves mutual respect.
Respect for the Learning Process: Learning community members should be committed to a journey of continuous improvement through learning for themselves and for others. Each individual brings with him/her a unique set of knowledge, skills, abilities, and experiences that add richness to the learning environment. Individuals will progress at their own rate, within the approved parameters of the curriculum, capitalizing upon their own preferred style of learning in order to make progress on their journey. Each individual’s efforts to engage in the learning process should be encouraged and honored. The Student Code of Conduct has been developed to ensure that the learning process is not inhibited or disrupted for any individual or group of individuals.
Respect for the Learning Environment: The physical and virtual classroom, the institutional facilities, and the campus, as well as all equipment and learning materials constitute the learning environment. Expectations for adherence to the Code of Conduct apply to those instances where the learning experience extends beyond the institution, such as situations that involve a field trip or an internship, externship, or clinical experience. Equipment and learning materials vary by program. The safety of all members of the learning community is of the utmost concern and importance to the University. Students must adhere to dress code requirements specific to their program of study.
All members of the learning community will utilize the resources provided by the University as instructed and with caution, making University officials aware of issues associated with facilities, equipment, or learning materials.
Respect for Academic Integrity: All members of the learning community are required to adhere to University standards of academic integrity.
One of the greatest values of participating in a community of learners is the opportunity to learn from others; however, individuals must acknowledge the sources of the information that are used to advance or support a point of view. Academic misconduct involves dishonesty or deception in the fulfillment of academic requirements. It includes, but is not limited to, cheating, plagiarism, unapproved collaboration, forged attendance, using advantages not approved by the instructor, knowingly allowing another student to plagiarize or cheat from one’s work or submitting the same assignment for multiple courses without the knowledge of the instructor.
STUDENT CODE OF CONDUCT POLICY
Herzing University affirms its commitment to the provision of an engaging learning environment and the promotion of exchange of ideas among the members of the learning community. All individuals who come to Herzing University to work and study will be accepted as unique individuals worthy of making a valuable contribution to the learning environment. Discrimination, disruption, or harassment on the basis of age, ethnicity, religion, gender, ability, socio-economic background, or sexual orientation will not be tolerated.
Herzing University accepts responsibility for communicating these values to students, faculty, staff, administration, and the community served by the institution. The success of the policy in protection of the learning environment and those engaged in the learning process is dependent upon the willingness of members of the university community to make known behaviors and conduct that violate the policy.
While some programs, due to the nature of the instruction and/or requirements to engage in learning activities at an internship, externship, clinical or practicum site, may establish program-specific policies with regard to student conduct, all policies and procedures stated within the Herzing University Student Code of Conduct Policy apply to all students, regardless of location, instructional modality or program of study.
A student found to have committed any one of the following Code of Conduct violations may be subject to the full range of sanctions, including written reprimand, suspension, and expulsion.
Code of Conduct Violations
Academic Misconduct – Academic misconduct is defined as dishonesty or deception in the fulfillment of academic requirements. Violations include, but are not limited to, cheating, plagiarism, unapproved collaboration, forged attendance, using advantages not approved by the instructor, knowingly allowing another student to plagiarize or cheat from one’s work, or submitting the same assignment for multiple courses without the knowledge of the instructor.
Destruction of Property – Destruction of Property includes but is not limited to intentionally or recklessly, damaging, destroying, defacing, or tampering with University property, property associated with the University (including internship/externship sites), or the property of any person on or associated with a campus.
Dishonesty – Dishonesty is defined as provision of false information to the institution by forgery, alteration, or misuse of documents or records, falsifying a written or oral statement, or submission of false identification to the institution.
Discrimination – Discrimination is defined as civilly, criminally, or administratively prohibited unequal treatment of a person based upon age, ethnicity, religion, gender, ability, socio-economic background, veteran status, or sexual orientation.
Disruption/Obstruction – Disruption/obstruction is defined as obstructing or interfering with any University function or activities, including instruction within a physical or virtual classroom.
Failure to Adhere to Dress Code – Programs of study are provided to develop the knowledge, skills, and competencies required for an identified set of career outcomes. As such, dress code standards that replicate the work environment may be imposed upon students enrolled in particular programs of study. The Dress Code may include requirements to wear a specific uniform. Alternatively, the Dress Code may limit attire that is worn to the university or to university-related activities to a defined standard, such as business attire or business- casual attire. Finally, the Dress Code may necessitate removal of piercings and/or requirements to cover tattoos.
False Report of Emergency – False report of an emergency is defined as, but is not limited to causing, making, or circulating a false report or warning of fire, bomb, crime, or other threat to safety.
Manufacture, Distribution, Sale, Offer for Sale, Possession, or Misuse of Drugs or Alcohol – Manufacture, distribution, sale, offer for sale, possession, or use of any illegal drug or narcotic or possession or use of alcohol while on campus or engaged in any University-related activities, including engagement in internship, externship, clinical or practicum activities.
Mental or Bodily Harm to Self – Mentally or bodily harm to self is defined as conduct that causes harm or has the potential to cause harm to one’s self, including the intentional infliction of mental or bodily harm upon one’s self or taking reckless, but not accidental, action which could result in mental or bodily harm.
Mental or Bodily Harm to Others – Mental or bodily harm to others is defined as conduct that causes harm or has the potential to cause harm to another individual, including:
• Behavior that intentionally inflicts mental or bodily harm on another person;
• Behavior that attempts to inflict mental or bodily harm on another person;
• Taking reckless, but not accidental, action that could result in infliction of mental or bodily harm on another person;
• Causing another individual to believe that the offender may cause mental or bodily harm to them;
• Sexual misconduct;
• Any act that demeans or degrades another individual; and/or
• Coercion of an individual to inflict mental or bodily harm to another person.
Misuse or Abuse of Computers or Inappropriate Electronic Communication – The University promotes the ethical, legal and secure use of computers and distribution of electronic information and communication. Students may not use another person’s computer, files or data without permission; students may not give their password to another individual. Students may not use computer programs to decode passwords or to access controlled information; students may not attempt to circumvent network security measures and may not engage in an activity that would deliberately compromise system security, including disruption of service or damage to files. Students may not make or
University networks to harass or intimidate. Students may not waste University computer or network resources; students may not use University resources for commercial purposes.
Misuse of Safety Equipment – Unauthorized use of or alteration of firefighting equipment, safety devices, or other emergency safety equipment.
Possession of Weapons or Dangerous Materials – Possession of a weapon or other dangerous materials, including but not limited to, firearms, compressed-air guns, pellet guns, BB guns, knives, explosive devices, incendiary devices, fireworks, ammunition, or any other dangerous materials on a campus or at a University-affiliated location or function, including internship, externship, or clinical sites, graduation, and field trips.
Stalking – Engaging in conduct that is directed at a specific person that would cause a reasonable person to experience fear. Stalking may include non-consensual communication, including but not limited to, in-person communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts, or any other undesired communication that elicits fear.
Sex Discrimination and Harassment – Sexual harassment, including sexual violence, is a form of discrimination; it refers to behavior of a sexual nature that is not welcome, that is personally offensive, and that interferes with performance.
Sexual violence is a physical act perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability. Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, and sexual coercion.
Any student bringing a discrimination or sexual harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment and/or academic standing, nor discriminated against, terminated, or expelled because of the complaint. Intentionally providing false information is also grounds for discipline.
“Retaliation” may include, but is not limited to, such conduct as:
• Inconsistent opportunities to engage in the learning process.
• Inappropriate application of University policy;
• Unwarranted disciplinary action; and/or
• Unfair grading.
Determination of what constitutes discrimination under this policy will be accomplished on a case-by-case basis and depends upon the facts and the context in which the conduct occurs. Some conduct may be inappropriate, unprofessional, and/or subject to disciplinary action, but would not fall under the definition of discrimination. Individuals who violate this policy are subject to discipline up to and including termination and/or expulsion, in accordance with Herzing University’s Student Code of Conduct. Other, lesser sanctions may be imposed, depending on the circumstances.
Please see the Sexual Misconduct and Title IX policies for additional information.
Theft or Possession of Stolen Property or Service – Taking an item or utilizing a service without consent of an official of the University or possessing property that can reasonably be determined to have been stolen from the University or from an employee or student of the University.
Trespassing – Forcible or unauthorized entry into any University facilities or facilities associated with the University.
Use of Inappropriate Language – The use of profanity and/or disrespectful or threatening language.
Use of Tobacco Products or Electronic Cigarettes in Unapproved Locations – Smoking or use of tobacco products or electronic cigarettes in locations other than those approved for that purpose.
Violation of Criminal Law – An alleged violation of any federal, state or local criminal law where the conduct of a student interferes with the University’s exercise of its educational objectives or responsibilities.
The violations of the Student Code of Conduct described above are not intended to be exclusive and any inconsistency, ambiguity, interpretation, or clarification of any particular act shall be determined at the discretion of the University through the Provost’s office.
Any member of the learning community (students, faculty, and staff) may file a Report of Student Code of Conduct Violation. Employees may access the Conduct Violation Form on the Ethics Point site at: http://tinyurl.com/ethicsstudent-herzing.
Students may report violations of the Student Code of Conduct by accessing the form on the Ethics Point site at: http://tinyurl.com/ethicsstudent-herzing or by contacting the Title IX Coordinator directly; Title IX Coordinator contact information is located on the site.
Students may report incidences of sexual misconduct (Title IX violations) by accessing a form on the Ethics Point site at: http://tinyurl.com/ethicsstudent-herzing or by contacting the Title IX Coordinator directly; the Title IX Coordinator contact information is provided on the site.
Enrollment into the University signifies the student’s agreement to comply with the Student Code of Conduct. Failure to comply with the Student Code of Conduct will result in appropriate disciplinary sanctions.
The Student Code of Conduct has been developed to ensure that the learning process is not inhibited or disrupted for any individual or group of individuals. The Student Code of Conduct additionally serves as a mechanism for educating members of the learning community about appropriate standards of behavior. In the event that a violation of the Code of Conduct occurs, the university will strive to utilize the incident as a teachable moment imposing consistent and progressive discipline. Depending upon the severity of the violation of the Student Code of Conduct, the University may impose the strictest of sanctions upon the student, up to and including suspension or expulsion.
It is desirable for faculty and staff to address inappropriate student behavior directly with the student at the time of the occurrence. However, under those circumstances where a student violates the Herzing University Student Code of Conduct, any member of the learning community (students, faculty, and staff) may file a Report of Student Code of Conduct Violation. The ability to determine disciplinary sanctions in response to a violation of the Student Code of Conduct is limited to the Campus President, Academic Dean, and/or Title IX Coordinator as appropriate. Factors, such as the nature and gravity of the situation (including motivating behavior), student history with the University, and overall impact of the behavior on the learning community will be considered in determining the appropriate sanction. In all cases where the Campus President or Academic Dean must facilitate the Student Code of Conduct Procedure, the standard Student Code of Conduct Violation Form will be used to document the violation and the sanction(s).
A verbal warning is an official conversation held between the Academic Dean and the student, making the student aware of an incident of unacceptable behavior, such as failure to adhere to the dress code or use of inappropriate language that is in violation of the Student Code of Conduct. A notation will be entered into the Student Information System but documentation does not become part of the student’s permanent record. Any further misconduct will result in a written reprimand and may result in more serious disciplinary sanctions up to and including suspension or expulsion.
A written reprimand is an officially documented notification of unacceptable behavior that is in violation of the Student Code of Conduct.
The occurrence of the written reprimand will be entered into the Student Information System and documentation of the violation, utilizing a standard Student Code of Conduct Violation Form, will become a permanent document in the student’s file. The Student Code of Conduct Violation Form is prepared by the Academic Dean. The student will be asked to sign the Student Code of Conduct Violation Form and will be provided a copy of it. Any further misconduct may result in more serious disciplinary sanctions up to and including suspension or expulsion.
Disciplinary probation is a temporary and unofficial status imposed for a designated period of time within a term prohibiting the student from being present without permission on the campus or any property associated with the University, including internship, externship, and clinical sites. Disciplinary probation may be used in those limited instances where a student is asked to leave a class for the duration of the day. In this case, the faculty member would utilize the Ethics Point site to file a violation of the Student Code of Conduct, even though an initial sanction of Disciplinary Probation has already been imposed. The Academic Dean would subsequently be responsible for scheduling a meeting with the student, working in collaboration with the faculty member, to determine the circumstances under which the student would be allowed to return to campus and to class. The Student Code of Conduct Violation Form is prepared by the Academic Dean. At the meeting, the student will be asked to sign the Student Code of Conduct Violation Form and will be provided a copy of it.
Suspension is the loss of privileges of enrollment at the University for a designated period of time and prohibits the student from being present without permission on the campus or any property associated with the campus, including internship, externship, or clinical sites.
As a result of being placed on suspension, the student will be awarded a grade of “F” for any course in which they are currently enrolled.
Regardless of whether or not the student is subsequently allowed to return to school to complete the program of study, the student is responsible for payment of tuition and fees and/or repayment of financial aid associated with courses in progress as well as those completed.
The notification of suspension becomes a permanent part of the student record and must be noted in the Student Information System.
The Student Code of Conduct Violation Form, indicating that the sanction of suspension has been imposed, is prepared by the Academic Dean and indicates the earliest possible date, in a future term, in which the student may consider submission of a request to return to school. The student will be asked to sign the Student Code of Conduct Violation Form and will be provided a copy of it. The student is entitled to an opportunity to appeal the suspension.
In the event that the student is allowed to return to the University, any further misconduct may result in a more serious disciplinary sanction including expulsion without opportunity to return to school.
Expulsion is the permanent loss of privilege of enrollment at the University and prohibits the student from being present without permission on the campus or on any property associated with the University. The student will be unable to complete his/her program of study with the University.
As a result of being expelled, the student will be awarded a grade of F for any course in which they are currently enrolled. The student is responsible for payment of tuition and fees and/or repayment of financial aid for any courses in progress as well as those completed.
The notification of expulsion becomes a permanent part of the student record and also must be noted in the Student Information System and is reflected on the academic transcript. In the event that the student is a dependent, his/her parents or guardian will be informed of the expulsion.
The Student Code of Conduct Violation Form, indicating that the sanction of expulsion has been imposed, is prepared by the Academic Dean. The student will be asked to sign the Student Code of Conduct Violation Form and will be provided a copy of it. The student is entitled to an opportunity to appeal the expulsion.
In the event that a student appeal results in retraction of the expulsion, any further misconduct may result in serious disciplinary sanctions up to and including suspension or expulsion.
Filing of a Conduct Violation Form
All Conduct Violation Forms are first routed to and reviewed by the Academic Dean of the campus. If the Academic Dean determines that sufficient evidence exists to warrant further exploration of the complaint, the next step is for the respondent to be scheduled for a Procedural Interview. The Procedural Interview will be scheduled within one week of receipt of the report of the violation of the Student Code of Conduct.
The Academic Dean may initially alert the respondent to the report of an alleged violation of the Student Code of Conduct in person, however, the respondent is additionally sent a copy of the Student Code of Conduct Violation Form that describes the alleged violation and indicates the date and time of the procedural interview. The form will be sent via email and/or UPS or FedEx, providing a receipt and proof of delivery. Depending upon the nature of the alleged violation, the Academic Dean may request that the student leave campus and not return until the scheduled Procedural Interview. A standard form letter that accompanies the Student Code of Conduct Violation Form provides details concerning the student’s rights and explains the entire process for resolving the alleged violation.
Any student charged with a violation of the Student Code of Conduct will be scheduled for a Procedural Interview with the Academic Dean or designee. In those instances where the Academic Dean has filed the Conduct Violation Form, the Campus President should preside over the Procedural Interview. The respondent is sent a Student Code of Conduct Violation Form describing the alleged violation, and indicating the date and time of the Procedural Interview.
The respondent must attend the Procedural Interview. In the event that the respondent is unable to attend the Procedural Interview at the scheduled date and time, he or she has one opportunity to reschedule meeting. The respondent must contact the Academic Dean or designee to request the alternative date and/or time for the Procedural Interview a minimum of 24 hours before the scheduled meeting. If the respondent fails to appear for the scheduled Procedural Interview, one attempt will be made to reschedule the meeting. If the student again fails to appear for the Procedural Interview, the Academic Dean or designee may proceed with the determination of the sanction.
The purpose of the Procedural Interview is to provide the respondent with the opportunity to discuss the allegation that resulted in the filing of the Conduct Violation Form. The Academic Dean or designee will begin the meeting by delineating the student’s rights and options, as well as the potential sanctions that may be imposed for the alleged violation. The respondent will have an opportunity to admit or deny the charge made against him/her in the Procedural Interview.
In the event that the respondent admits to the charge filed against him/her, the Academic Dean or designee will determine the sanction during the Procedural Interview. The sanction will be notated on a copy of the original Conduct Violation Form. The Academic Dean or designee will then sign the Conduct Violation Form. The student will be required to sign and date the form as well.
The Conduct Violation Form with the original signatures will be placed in the student file; the student will be provided with a copy of the signed form. The Academic Dean will enter a notation in Contact Manager within the Student Information System.
Appeal of Violation of Student Code of Conduct
If the respondent is dissatisfied with the outcome of the Procedural Interview and/or the sanction imposed by the Academic Dean or designee, he/she has the right to appeal to the Campus President. Any requests to appeal to the Campus President must be made in writing within 30 days of suspensions, probations or other sanctions and within three months of expulsions. Requests to appeal a violation of the Student Code of Conduct must be made utilizing the Appeal of Violation of Student Code of Conduct Form on the Ethics Point Site at http://tinyurl.com/ethicsstudent-herzing.
An appeal of a violation of Student Code of Conduct may be filed for the following reasons:
• Inappropriate sanction;
• New evidence that was not available at the time of the hearing has become available and is found to be substantial enough to change the outcome of the hearing; or
• Denial of fair process.
The Campus President will respond to the request to appeal by scheduling a meeting with the respondent within seven business days of receipt of the electronic request to appeal.
In the event that the respondent is unable to attend the meeting with the Campus President at the scheduled date and time, he or she has one opportunity to reschedule meeting. The respondent must contact the President to request the alternative date and/or time for the appeal meeting a minimum of 24 hours before the scheduled meeting. If the respondent fails to appear for the scheduled appeal meeting, one attempt will be made to reschedule the meeting. If the student again fails to appear for the appeal meeting, the original sanction is upheld.
In the event that the Campus President is not available for the meeting, he/she may appoint a designee; the designee may not be the Academic Dean if the Academic Dean is the individual who originally imposed the sanction. The purpose of the appeal meeting with the President or designee is to provide a forum for the respondent to present his/her case regarding the alleged violation of the Student Code of Conduct. The Campus President or designee begins the meeting by explaining the respondent’s rights and assures that fairness will be observed. The respondent is entitled to remain silent, to know all evidence against him/her, to present evidence, and to bring witnesses to the meeting. The respondent will have the opportunity to state his/her case. The Campus President or designee may question and respondent and/or witnesses. At the conclusion of the meeting, the Campus President or designee will establish a meeting time for the respondent to return to the President’s office to discuss his/her decision; this meeting time will be scheduled within seven business days. If the student has been suspended or expelled, he/she will not be able to return to the campus until the scheduled meeting with the President.
The Campus President will determine whether any additional investigation is warranted before rendering a decision. The Campus President will consider the nature and gravity of the situation (including motivating behavior), student history with the University, and overall impact of the behavior on the learning community in determining whether or not to uphold or modify sanction.
The Campus President will update the Conduct Violation Form indicating the decision to uphold, modify or overturn the original sanction The Campus President then meets with the student at the predetermined date and time to discuss the sanction and consequences of any repeat violation of the Student Code of Conduct. The student is required to sign the form and is provided a copy. The Campus President makes a notation in Contact Manager in the Student Information System and returns the hard copy of the Conduct Violation Form to the student file.
In the event that the student does not appear for the scheduled meeting with the Campus President, a copy of the Violation of Student Code of Conduct form will be sent to the student via certified mail.
If the respondent is dissatisfied with the response of the Campus President to the appeal, the student may appeal to an Appeals Committee. Any requests to convene an Appeals Committee must be made in writing within 30 days that the President’s decision was communicated, either in person or in writing. Requests to be heard before the Appeals Committee must be made utilizing the Appeal of Violation of Student Code of Conduct Form on the Ethics Point Site at http://tinyurl.com/ethicsstudent-herzing.
A hearing with the Appeals Committee will be held within three weeks of the request for an appeal, depending upon the week of the term/ semester. The Appeals Committee will be comprised of three faculty or staff members, none of whom have been instructors of the student, and will be appointed by the Campus President. An objective individual who has no prior affiliation with the student such as the Provost of the University will facilitate the hearing with the Appeals Committee. The appealing student may call witnesses and provide other evidence to support his/her case. The decision of the Appeals Committee will be made by majority vote and will be communicated to the student in writing within seven days of the hearing.
The notification of the decision of the Appeals Committee will be sent to the student via certified mail. A hard copy will be placed in the student file and the Academic Dean will enter notes in the Contact Manager field within the Student Information System.
Re-enrollment After Suspension
Students who have been suspended from the University must petition to return to school after the specified period of time has elapsed. A Petition to Re-enroll After Suspension Form is accessible from the office of the Academic Dean. Students who have been suspended must contact the Academic Dean for permission to return to the campus for purposes of obtaining the Petition to Re-enroll Form or to request that a copy of the form be emailed or mailed. The Petition to Re-enroll Form must be submitted to the Academic Dean at least 60 days prior to the intended start date.
The Appeals Committee will be comprised of three faculty or staff members, none of whom has been instructors of the student, appointed by the Campus President. The Appeals Committee meeting will be held within approximately 30 days of receipt of the Petition to Re-enroll. The Academic Dean or the Campus President may facilitate the Appeals Committee meeting. Re-enrollment may be granted or denied. The decision of the Appeals Committee is final. The student will be notified of the decision in writing within seven days of the Appeals Committee meeting. In the event that the student is granted permission to return to the University, any subsequent instance of violation of the Student Code of Conduct by the student will be grounds for permanent dismissal from the institution.
Student Complaint Procedure
The Student Complaint Procedure provides a mechanism by which a student may file a complaint that is unrelated to grades or University policy. Typically a complaint would inform the University about issues related to the condition of the facilities, parking availability, textbooks or tuition-related concerns.
Prior to invoking the procedures described below, the student is strongly encouraged, but is not required, to discuss his or her complaint with the college campus administrator directly responsible for the area most directly related to the complaint. The discussion should be held as soon as the student first becomes aware of the act or condition that is the basis of the compliant.
If a student elects not to present his or her complaint to the college campus administrator directly responsible for the area most directly related to the complaint or if the student is not satisfied with the response, he or she may submit a compliant by accessing the form on the EthicsPoint site at: http://tinyurl.com/ethicsstudent-herzing.
The student may identify him/herself as part of the complaint process, or he/she may elect to remain anonymous.
Complaints will be routed to the college campus administrator directly responsible for the area most directly related to the complaint. Complaints should be submitted by the student via the EthicsPoint site not later than fifteen calendar days after the student first became aware of the facts which gave rise to the complaint.
The college campus administrator directly responsible for the area most directly related to the complaint should conduct an informal investigation. As a result of the investigation, the findings and resolution, if any, will be communicated in writing to the student within ten days if the student has identified him/herself.
Within fifteen calendar days of receipt of the administrator’s decision, a student who is not satisfied with the response of the administrator after the initial review may seek further review by submitting a written complaint, together with the administrator’s communication, to the Campus President. The Campus President may delegate another administrator to act on his/her behalf.
The Campus President’s action will be limited to a review of the basis for the administrator’s findings and related actions and need not involve an additional investigation. However, the Campus President may, but is not required to, direct that further facts be gathered or that additional action be taken. The Campus President shall submit his or her findings and recommended action in writing to the student within ten days of receipt of the request from the student.
In the event that the student is not satisfied with the Campus President’s response, he/she may elect to escalate the Campus President’s decision to the University Vice Provost. Any such appeal must be filed not later than fifteen calendar days after the student receives the Campus President’s communication.
The University Vice Provost’s action will be limited to a review of the basis for the previous findings and need not involve an additional investigation. However, the Vice Provost may, but is not required to, direct that further facts be gathered or that additional action be taken. The University Vice Provost shall submit his or her findings and recommended actions in writing to the student within ten days of receipt of the request. The student may elect to escalate the Vice Provost’s decision to the University President. Any such escalation must be filed not later than fifteen calendar days after the student receives the Vice Provost’s communication.
The University President investigates the facts of the case and renders a final decision in writing within ten days of the request. The decision of the University President is final and binding upon the student and upon the University.
If a complaint cannot be resolved after exhausting the University’s complaint procedure, the student may file a complaint with his/her state. State contact information is located here: State Contact Information
Student Grievance Procedure
The Student Grievance Procedure provides a mechanism by which a student may seek to remedy the rare situation where the individual feels that she/he has been treated unfairly, discriminated against, or has had her/his rights abridged (including but not limited to sexual misconduct/sexual harassment). Students may initiate a grievance within 15 days from the event resulting in the grievance. A grievable action is an action that is in violation of a written University policy or procedure, or an established practice.
This Student Grievance Procedure applies to alleged discrimination on the basis of race, color, religion, sex (including sexual orientation and gender identity and expression), age, national origin, or disability as well as problems arising in the relationship between a student and the University that are not governed by other specific policies or procedures.
Prior to invoking the procedures described below, the student is strongly encouraged, but is not required, to discuss his or her grievance with the person alleged to have caused the grievance. The discussion should be held as soon as the student first becomes aware of the act or condition that is the basis of the grievance.
If a student elects not to present his or her grievance to the person alleged to have caused the grievance or if the student is not satisfied with the response, he or she may report a grievance by accessing the form on the EthicsPoint site at: http://tinyurl.com/ethicsstudentherzing.
Grievances will be routed to the program chair or the leader of the department where the person alleged to have caused the grievance is employed. Grievances must be submitted by the student via the EthicsPoint site not later than fifteen calendar days after the student first became aware of the facts that gave rise to the grievance. In the event that the grievance is against the program chair or department director, the grievance will be routed to the academic dean.
The program chair, department director or academic dean should conduct an informal investigation. As a result of the investigation, the decision rendered will be communicated in writing to the student and to the person alleged to have caused the grievance within ten days of the original submission of the grievance. The written determination shall include the reasons for the decision, shall indicate the action to be taken, if any, and shall inform the student of the right to appeal for further review by the Campus President.
Within fifteen calendar days of receipt of the administrator’s decision, a student who is not satisfied with the response of the administrator after the initial review may seek further review by submitting the written grievance, together with the administrator’s written decision, to the Campus President. The Campus President may delegate another administrator to act on his/her behalf.
The Campus President’s action will be limited to a review of the basis for the administrator’s decision and need not involve an additional investigation. However, the Campus President may, but is not required to, direct that further facts be gathered or that additional action be taken. The Campus President shall submit his or her decision in writing to the student and to the person alleged to have caused the grievance within ten days of the submission of the appeal. The written disposition shall include the reasons for the decision, and it shall direct a remedy for the aggrieved student, if any. The student may elect to appeal the Campus President’s decision to the University Provost. Any such appeal must be filed not later than fifteen calendar days after the student receives the Campus President’s decision.
The University Provost’s action will be limited to a review of the basis for the previous decisions and need not involve an additional investigation. However, the Provost may, but is not required to, direct that further facts be gathered or that additional action be taken. The University Provost shall submit his or her decision in writing to the student and to the person alleged to have caused the grievance within ten days of the receipt of the appeal. The written disposition shall include the reasons for the decision, and it shall direct a remedy for the aggrieved student if any. The student may elect to appeal the Provost’s decision to the University President. Any such appeal must be filed not later than fifteen calendar days after the student receives the Provost’s decision.
The University President investigates the facts of the case and renders a final decision in writing within ten days of receipt of the appeal. The decision of the University President is final and binding upon the student and upon the University.
Title IX of the 1972 Education Amendments requires colleges and universities receiving federal funding to ensure that all students have equal access to education, specifically prohibiting discrimination on the basis of sex. Title IX (20 U.S.C. § 1681(a)) reads ” No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Though Title IX is a very short statute, U.S. Supreme Court decisions and guidance from the U.S. Department of Education have given it wide latitude covering sexual harassment and sexual violence. Under Title IX, colleges and universities are legally obligated to respond to and remedy hostile educational environments. Herzing University maintains a zero-tolerance policy for harassment or discrimination of any kind.
Title IX Coordinator
The Director of University Safety and Compliance serves as the Title IX Coordinator and ADA Coordinator and oversees implementation of the University’s policies on equal opportunity, harassment and nondiscrimination. The Title IX Coordinator acts with independence and authority free of conflicts of interest. To raise any concern involving a conflict of interest by the Title IX Coordinator, contact the Chief Compliance Officer, Robert Herzog, at firstname.lastname@example.org. To raise concerns regarding a potential conflict of interest with any other administrator involved in the resolution process, please contact the Title IX Coordinator.
Inquiries about and reports regarding this policy and procedure may be made internally to:
Director of University Safety and Compliance
Title IX Coordinator/ADA Coordinator
W140 N8917 Lilly Road
Menomonee Falls, WI 53051
The Title IX coordinator is responsible for receiving and processing, in a timely manner:
- Inquiries or complaints from students, faculty, or staff regarding rights and responsibilities concerning harassing behavior or other discriminatory behavior in violation of Title IX
- Inquiries or complaints from third parties who report suspicion of harassing behavior or other discriminatory behavior in violation of Title IX
Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Equal Employment Opportunity Commission (EEOC)
Students may also report a Title IX violation on the EthicsPoint site at: http://tinyurl.com/ethicsstudent-herzing.
If a Title IX investigation were determined not to be appropriate, inquiries or complaints would be referred to Human Resources or the Office of the Provost as applicable.