January 2020 Undergraduate Catalog 
    
    Apr 02, 2020  
January 2020 Undergraduate Catalog

Student Resources


 

Student Resources

Herzing University students who participate in an online course or programs 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 University’s Website located at www.herzing.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. Career development services for online graduates include completion of the Professional Development II course, assistance with online employment databases, coaching in the résumé development process, and help with devising a strategy to independently locate local job opportunities. 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 Canvas-specific questions outside of IT hours, you can contact Canvas’s 24/7 support at (866) 350-5017.

Library Services

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 to help students identify appropriate library resources to complete research projects. Hours of availability for the virtual reference services are Monday through Friday from 8 am to 8 pm CT; and Sunday from Noon to 8 pm CT. Librarians also check for email and voice messages on Saturday afternoons and respond after 2 pm.

Librarians may be reached by telephone, email and/or chat.

Additionally, at Herzing campuses, the Learning Commons serves as the location for any supplemental resources and computer workstations. Hours of operation vary by campus. Please check your local campus for a posting of the Learning Commons hours.

Career Development Services

From the time a student enrolls at Herzing University, one of the University’s primary goals is to see that the student is successfully employed upon graduation. This can best be achieved if the student takes an active role in his/her employment efforts. In addition, the career development office is committed to supporting students in reaching their employment objectives.

Herzing University students come from multiple states and have widely different career aspirations and goals. Each student is a unique learner and person. While Herzing University provides career development guidance to each student in finding employment in their chosen field, Herzing University does not guarantee employment. Factors unique to each student that can limit employment opportunities include, but are not limited to, the following:

  • Conviction of a felony or serious misdemeanor

  • Physical condition or health issues that prevent or hinder employment

  • Geographic limitations and inability to relocate

  • Poor work history

  • Poor language skills or communication skills

  • Unique personality traits

  • History of or contemporary substance abuse

  • Personal bankruptcy

  • Other issues that raise doubts in the mind of an employer as to the suitability of a student to become an employee

  • Failure to meet the admissions standards of other institutions (for bachelor’s or graduate programs)

  • Failure to fully investigate and understand the specific licensing or certificate requirements for a chosen profession in a specific state or locale

Herzing University has a long and proud tradition of helping students enter and succeed in their careers. The student’s unique situation may aid or hinder their career.

Disclaimer
Herzing University makes no promises or guarantees of licensing, certification, or employment. Due to unique factors and attributes of each student, it is possible that even after successfully completing a Herzing University program, a student may not find employment. Students should consider their own unique “employability” prior to enrolling in any college or career-preparation program.

The services of the career development office are also available to presently enrolled students seeking part-time employment through the University’s Job Location and Development Program.

Graduation Ceremony

Students who have completed all requirements for a diploma or 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 second to last semester of study may apply to participate in a graduation ceremony prior to their actual graduation. If approved by the academic dean, the graduation program will indicate that actual graduation will be pending successful completion of diploma/degree requirements. Students wishing to participate early should check with their academic dean for specific policies and procedures. A diploma, certificate or a degree will not be conferred in these circumstances. All graduation requirements must be met prior to the actual awarding of a diploma, certificate, or degree.

Consumer Disclosures for Students

To review all mandated consumer/student disclosures, please visit the Herzing University Website at www.herzing.edu/consumer-disclosures.

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.

Chromebooks, Phones, and Tablets will not work as a primary device. A Windows or Mac computer (meeting the specifications below) is needed.

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 1.6 gigahertz (1.6 GHz) processor
  • A minimum of 80 gigabytes (80 GB) free storage/hard drive space
  • A minimum of 2.5-megabit (2.5 Mb/s) unmetered (unlimited) Internet connection — most courses are media-intensive. Dialup, Satellite, and metered Cellphone Internet is unsuitable.
  • Latest version of Chrome, Firefox, or Edge browsers (Firefox and Chrome are freeware, downloadable from the web)
  • 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
  • Microphone

Mac Users (Online or Hybrid Students)

  • An 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 80 gigabytes (80 GB) free storage/hard drive space.
  • A minimum of 2.5-megabit (2.5 Mb/s) unmetered (unlimited) Internet connection — most courses are media-intensive. Dialup, Satellite, and metered Cellphone Internet is unsuitable.
  • Latest version of Chrome, Firefox, or Safari browsers (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
  • Microphone
  • 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.

  • Please see the instructions located on the Herzing website at
  • 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 required for all technology courses.
  • A minimum of 16 GB of internal memory.
  • A minimum of i5 or i7 Intel processor 3 GHz or better.
  • A wireless adapter or a wireless network interface card (NIC).
  • Windows OS
  • A 250 GB Hard Disk Drive or Solid State Drive.
  • USB 3.0 Ports
  • External solid state drive strongly recommended.

Memberships

The University holds memberships in the following organizations:

  • Alpha Beta Kappa Honor Society Alpha Omega Chapter
  • Association of Private Sector Colleges and Universities
  • Better Business Bureau
  • Chamber of Commerce
  • National Association of Colleges and Employers
  • National Association of Student Financial Aid Administrators
  • Service Members Opportunity College
  • State Association of Student Financial Aid Administrators
  • State College Placement Associations
  • State Private School Associations
  • University Continuing Education Association

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 ada@herzing.edu.

Requesting Accommodations

Students with disabilities who wish to request accommodation under the ADA must:

  1. Submit a request for accommodation with appropriate documentation to their student services specialist.
  2. Meet with the Campus ADA Coordinator to discuss the request.
  3. Alert the Campus ADA Coordinator if accommodations provided are not working or do not meet their needs.

Documentation Policy

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:

  1. Come from an appropriately licensed clinical professional familiar with the history and functional impact of the student’s disability.
  2. 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.
  3. Be dated, signed, and submitted on official letterhead including the name, title and professional credentials of the evaluator.
  4. Describe how the disability affects the student’s ability to participate in campus activities and programs.
  5. 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).
  6. 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.
  7. Include recommendations for accommodations, adaptive devices, assistive services, compensatory strategies, and/or collateral support services.

Additionally;

  • 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.  

Confidentiality

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:

  1. 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.
  2. Sensitive information in student files will not be released except in accordance with federal and state laws.
  3. A student’s file may be released pursuant to a court order or subpoena.
  4. 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.
  5. A student has the right to review their own file with reasonable notification.

Definitions

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 way 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.

Crime Awareness

Herzing University follows Title II of Public Law 101542, the Crime Awareness and Campus Security Act of 1990. Upon enrollment, students are provided with the University’s policies on crime awareness, prevention, and the reporting of crimes that might be observed. Crime statistics are tabulated and distributed annually to all students.

Family Educational 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 regarding educational records maintained by the institution. Under FERPA, a student has the following rights:

  1. 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 decide 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.
  2. The right to seek amendment to the record if the student believes 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.
  3. 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 except for 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
  • Address
  • Telephone number
  • Herzing sponsored email address
  • Program of study
  • Dates of attendance
  • Enrollment Status
  • Degrees, Diplomas, Honors, and Awards received
  • Photographs
  • 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 disclose 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)

Pregnant and Parenting Student Policy

Herzing University is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination based on 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 later 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 enough 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.

Scope

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.

Definitions

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

  1. 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.
  2. 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.
  3. 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.
  4. Students can request modified academic responsibilities under this policy regardless of whether they elect to take a leave of absence.
  5. While receiving academic modifications, students will remain registered and retain benefits accordingly.

Approved Break

  1. If 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The Title IX office can and will advocate for students with respect to financial aid agencies and external scholarship providers if an approved break places eligibility into question.

Student-Employee Leave

  1. All student-employees will be entitled to the protections of the Family and Medical Leave Act.
  2. Pregnancy and related conditions will be treated as any other temporary disability for job purposes, including leave and any benefits, where applicable.
  3. 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

  1. Harassment of any member of the Herzing University based on sex, gender identity, gender expression, pregnancy, or parental status is prohibited.
  2. 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.
  3. 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.

Title IX Policy

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 based on 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 Vice President of Financial Aid and Compliance, Kevin McShane, at kmcshane@herzing.edu. 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:

Emilie Vosswinkel
Director of University Safety and Compliance
Title IX Coordinator/ADA Coordinator
W140 N8917 Lilly Road
Menomonee Falls, WI 53051
(414) 271-5622
evosswinkel@herzing.edu

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
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Equal Employment Opportunity Commission (EEOC)

Contact: http://www.eeoc.gov/contact/

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.

Civil Rights Resolution Process

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 based on 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.

Overview

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 determine 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 Chair of the Title IX Review Board, 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 can 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.

Reporting Misconduct

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. 

Attempted Violations

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.

Preliminary Inquiry

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, if 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.

Interim Remedies/Actions

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 dismissal 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.

Investigation

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 based on 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 based on 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 based on 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 based on new evidence.

No unauthorized audio or video recording of any kind is permitted during investigation meetings or other Equity Resolution Process proceedings.

Advisors

Each party can 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 if 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, if 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.

Resolution

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 most 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.  

Possible Sanctions

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

Student Sanctions

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 if the student or organization is found in viola­tion of any University policy, procedure or directive within a specified period. 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 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 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.

Employee Sanctions

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
  • Probation
  • Loss of Annual Pay Increase
  • Loss of Oversight or Supervisory Responsibility
  • Demotion
  • Suspension with pay
  • Suspension without pay
  • Termination
  • 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.

Appeals

All requests for appeal consideration must be submitted in writing to the Chair of the Title IX Review Board 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 Chair 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.

Long-Term Remedies/Actions

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, dismissal 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.  

Records

In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept by the Title IX Coordinator indefinitely.

Complaint Procedure

Purpose

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.

Informal Resolution

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.

Initial Review

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.

Escalation Procedures

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.

If 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 Complaint Procedure for SARA

If a complaint is not settled to the student’s satisfaction in a state where Herzing University is delivering distance education by virtue of its participation in the State Authorization Reciprocity Agreement (SARA), the student may, after a final institutional decision is made, appeal the decision to the Wisconsin Association of Independent Colleges and Universities (WAICU), Herzing University’s State Portal Agency under SARA. WAICU is the contact point for student complaints in states covered by SARA (this process does not apply to students receiving distance education from Wisconsin.

Grievance Procedure

Purpose

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 based on 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.

Informal Resolution

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.

Initial Review

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. If 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.

Appeal Procedures

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.