Acceptable Use of Computing Resources
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 dismissal.
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.
Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of the University is considered hazing, regardless of the willingness of the participant.
Such prohibited actions, situations, and activities include, but are not limited to, the following:
- Any brutality of a physical nature such as whipping, beating, branding, or forced calisthenics.
- Excessive exposure to the elements.
- Forced or required consumption of food, alcohol, drugs, or other substances.
- Forced physical activity that could adversely affect the physical health or safety of the student.
- Forced activity that would subject the student to extreme mental stress such as sleep deprivation.
- Forced exclusion from social contact.
- Forced conduct that could result in extreme embarrassment.
- Any other forced activity that could adversely affect the mental health or dignity of the student.
It can be unlawful under some state laws for any student to engage in what is known as hazing or to aid or abet any other student in the commission of this offense. Any violation could result in civil or criminal penalties that may include the imposition of a fine. Herzing University’s actions against violators can include the imposition of probation, suspension, or dismissal.
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, 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.
Drug and Alcohol Policy
Drug-Free Campus Statement
It is Herzing University’s policy to provide a positive environment conducive to learning. To that end, the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or in connection with any school activity is strictly prohibited. Reporting to or remaining at work or school under the influence of or impaired by alcohol or illicit drugs is also prohibited. This prohibition applies to all employees and students. Violation of these provisions by a student may lead to the imposition of disciplinary sanction, up to and including suspension or expulsion. Herzing University employees are also subject to disciplinary sanctions for violation of these provisions occurring on University property or any work site during work time, up to and including termination for employment. Referral for criminal prosecution may occur where appropriate.
Students must be aware that significant criminal penalties exist under state and federal laws for the unlawful possession or distribution of alcohol and illegal drugs.
Legal sanctions under local, state, and federal laws vary by location, but may include:
- Monetary fines
- Jail time
- Suspension, revocation, or denial of a driver’s license
- Property seizure
- Loss of eligibility for federal benefits, including federal financial aid
Federal penalties for drug trafficking may be found at http://www.dea.gov/druginfo/ftp3.shtml.
Students who are concerned about specific circumstances should consult applicable local, state, and federal law and/or seek legal counsel.
Federal Student Aid Penalties for Drug Convictions
A federal or state drug conviction (but not a local or municipal conviction) can disqualify a student from using federal student aid. Only convictions occurring during a period of enrollment in which the student was receiving federal student aid are counted against students for aid eligibility purposes, as indicated on the Free Application for Federal Student Aid (FAFSA).
The following chart indicates the suspension period for related offenses.
Possession of Illegal Drugs
Sale of Illegal Drugs
1 year from date of conviction
2 years from date of conviction
2 years from date of conviction
3rd + Offense
A student may regain eligibility prior to the end of the period of ineligibility if he/she successfully completes a qualified drug rehabilitation program that includes passing two unannounced drug tests if he/she passes two unannounced drug tests administered by such a program, or if the conviction is reversed, set aside, or otherwise rendered invalid. A rehabilitation program is considered qualified if it meets at least one of the following criteria:
- It is qualified to receive funds directly or indirectly from a federal, state, or local government program.
- It is qualified to receive payment directly or indirectly from a federally or state-licensed insurance company.
- It is administered or recognized by a federal, state, or local government agency or court.
- It is administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor.
Please see the Frequently Asked Questions (FAQ) Sheet from the U.S. Department of Education’s Office of National Drug Control Policy for more information at www.whitehouse.gov/sites/default/files/ondcp/recovery/fafsa.pdf.
Various health risks are associated with the use of illicit drugs. Some of the more common risks are cited below and may be found at http://www.dea.gov/druginfo/factsheets.shtml.
Risk of Physical Dependency
Risk of Psychological Dependency
Narcotics (e.g., heroin, oxycodone, morphine)
Drowsiness, slow and shallow breathing, confusion, muscle weakness, nausea, convulsions, coma, death
Stimulants (e.g., crack/cocaine, amphetamines, methamphetamine)
High fever, agitation, panic, headache, dizziness, tremors, convulsions, cardiac arrest, stroke, death
Depressants (e.g., Valium, Xanax, Rohypnol)
Loss of motor coordination, weakness, headache, blurred vision, dizziness, nausea, low blood pressure, slow breathing, coma, death
Hallucinogens (e.g., LSD, MDMA, PCP)
Seizures, muscle cramps, nausea, liver kidney and cardiovascular failure, coma, death
Muscle weakness, disorientation, nausea, nervous system and organ damage, asphyxiation, death
Dizziness, nausea, dry mouth, loss of motor coordination, panic attacks
For those students who choose to use alcohol, Herzing University encourages students to drink responsibly and to never drink and drive. Consuming alcohol has many risk factors and can lead to dependency. With excessive use, liver, brain, heart, and stomach damage can occur without apparent warning signs. Alcohol is one of the leading causes of preventable deaths in the United States.
Counseling, Treatment, and Rehabilitation
Drug and alcohol counseling, treatment, and rehabilitation programs for employees and students are available from a variety of community sources. Anyone who recognizes a personal drug or alcohol problem, who is concerned about a student or coworker, or who wishes to know more about drug and alcohol abuse may contact a campus executive officer, the human resources department, or email@example.com for more information. Community resources near a student or employee’s respective campus or location may be found by contacting a campus executive officer, the Human Resource Department, or firstname.lastname@example.org.
Herzing University also encourages anyone dealing with substance abuse issues to contact the following national agencies for guidance and assistance in identifying counseling, treatment, or rehabilitation programs.
Alcohol/Drug Helpline: (800) 821-4357
Substance Abuse and Mental Health Services Administration (SAMHSA) Hotline: (800) 662-HELP Al-Anon: (888) 425-2666 (local information can be found in your local telephone directory)
Herzing University provides an employee assistance program (EAP) as a benefit to all employees regardless of if they opt in to other benefits through the University. This service provides referrals and treatment sessions as needed and can connect employees to additional outpatient or inpatient services that could be eligible for coverage through the employee healthcare plan. Information about contacting the EAP can be obtained through the Human Resource Department.
Herzing University conducts a biennial review of its program to determine the effectiveness of the program and implement changes as needed. This review also ensures that disciplinary sanctions are uniformly enforced.
Sexual Misconduct Policy
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 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 laws vary 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: 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: https://www.herzing.edu/annual-security-reports.
Non-Consensual Sexual Intercourse
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 defined as:
- 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.
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: https://www.herzing.edu/annual-security-reports.
Sexual Harassment: See separate policy.
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: 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: 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 campus: 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 site, seek assistance from an 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 site 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
Training Programs for Students and Employees
Herzing University partners with EVERFI to provide annual training to all university students and employees on Sexual Assault Prevention, Title IX, and the University’s policies and procedures for responding to complaints of sexual misconduct, discrimination, and harassment. Topics covered in these trainings include the prevention of sexual assault, domestic violence, dating violence, and stalking.
Sexual Assault Prevention for Adult Learners
Building Supportive Communities: Clergy Act & Title IX
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), their first priority should be to get to safety. They 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:
Report directly to the Title IX Coordinator:
Director of Safety and Equal Opportunity
Title IX Coordinator/ADA Coordinator
275 W. Wisconsin Ave., Ste 210
Milwaukee, WI 53203
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 apart from dedicated counseling staff are designated as responsible employees and will share a report with the Title IX Coordinator promptly. Confidentiality and mandated reporting are addressed more specifically below. Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to the Associate Vice President of Student Services.
Sexual Misconduct Reports
Any student or employee who reports to the University that they have 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 location authorities in notifying law enforcement authorities if they so choose.
Their 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 their choice whether or not to report the crime to the authorities.
Where applicable, their 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 Course Schedule
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 University 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 the following non-employees:
Licensed professional counselors
Local rape crisis counselors
Domestic violence resources
All 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 University 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, 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 any employee 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 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 and FERPA.
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 self-expression 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, 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 or employee 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 and/or termination 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 always recognize and remember the ethical and legal obligations required to maintain privacy and confidentiality.
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.
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 supportive 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. Everyone 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. Everyone’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 based on race, sex, religion, age, color, creed, national or ethnic origin, disability, sexual orientation, gender identity or expression, or disabled and/or Vietnam era veteran status 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.
Allegations of violations of the Academic Code of Conduct will be initiated by faculty and submitted for review by the Academic Dean. In cases where it has been determined that a violation occurred as a result of the reported action, the following sanctions will be applied:
- The first offense will result in a zero on the assignment.
- The second offense will result in a zero for the course (even if the incident occurred is in a different course than the first offense).
- The third offense will result in the student being withdrawn from the University, awarded Fs for all current semester courses and is responsible for payment of tuition.
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 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 – Mental 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 utilize 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 – 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 exhaustive and the University retains the right to impose discipline up to and including expulsion for student conduct that does not fall neatly into one of the above categories. The University maintains the authority and discretion through the Provost’s office to resolve and determine, without prior notice, and any inconsistency, ambiguity, interpretation, or clarification with response to the Herzing Student Code of Conduct.
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. If 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 Review Board 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 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 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 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.
If 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.
Dismissal 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 dismissed, 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 dismissed becomes a permanent part of the student record and must be noted in the Student Information System and is reflected on the academic transcript. If 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.
If 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 enough 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. If 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.
If 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.
If 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.
If 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 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.
If 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 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. If 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.
Unlawful Discrimination, Harassment, and Retaliation
Herzing is committed to providing an environment free from all forms of harassment, discrimination and all other negative conduct that inhibits effective communication and productivity. Herzing expects all students, employees, business partners, managers, supervisors, contractors, and visitors to adhere to a standard of conduct that exemplifies a professional work and learning environment.
Harassment on the basis of a protected classification, such as race, color, religion, sex, national origin, age, creed, veteran status, disability, sexual orientation, gender identity, marital status, arrest or conviction record, genetic information or pre-disposition, or any other characteristic protected by law, is expressly prohibited under this policy.
Harassment on any of these bases is illegal under federal, state and/or local law. Herzing will take immediate and appropriate action when it determines that harassment and/or discrimination has occurred.
Discrimination: May occur when employment, professional, or academic decisions are threatened or made, implicitly or explicitly, based upon race, color, religion, sex, national origin, age, creed, veteran status, disability, sexual orientation, gender identity, marital status, arrest or conviction record, genetic information or pre-disposition, or any other characteristic protected by law.
Discrimination exists whenever:
- An individual’s academic rights, employment rights, or opportunity for employment is adversely affected and such action is taken based upon the individual’s race, color, religion, sex, national origin, age, creed, veteran status, disability, sexual orientation, gender identity, marital status, arrest or conviction record, genetic information or pre-disposition, or any other characteristic protected by law.
Harassment: May occur whenever unwelcome verbal or nonverbal conduct, comments, touching, teasing, joking or intimidation based on any of these behaviors interferes with work, or creates an intimidating, hostile, or offensive work or learning environment.
Harassment exists whenever:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
- Submission to or rejection of such conduct is used as the basis for an academic or employment decision affecting an individual; or
- The conduct interferes with an individual’s performance or creates an intimidating, hostile, or offensive work or learning environment.
Recognizing Sexual Harassment
Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves meet the definition of sexual harassment or contribute to a hostile work or learning environment:
- Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person, or via email; Verbal abuse of a sexual nature;
- Touching or grabbing of a sexual nature;
- Repeatedly standing too close to or brushing up against a person;
- Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated they are not interested (supervisors in particular should be careful not to pressure their employees to socialize);
- Giving gifts or leaving objects that are sexually suggestive;
- Repeatedly making sexually suggestive gestures;
- Making or posting sexually demeaning or offensive pictures, cartoons, or other materials in the learning environment or workplace;
- Off-duty, unwelcome conduct of a sexual nature that affects the work or learning environment.
Harassment may be subtle, manipulative, and is not always evident. It does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome and is personally offensive. All forms of gender harassment are covered.
A victim of sexual harassment can be a man or a woman. The victim can be of the same sex as the harasser. The harasser can be a supervisor, instructor, co-worker, employee, client, student, classmate, consultant, contractor and/or vendor.
Examples of Sexual Harassment can be found in the Annual Security Reports: https://www.herzing.edu/annual-security-reports.
Recognizing Other Forms of Harassment
The following are protected categories that are the foundation of the harassment and discrimination laws, and as such have been given special protection under the law.
- Race/color – a person’s ancestry or ethnic characteristics
- Religion – an individual’s moral or ethical beliefs
- National Origin – a person’s birthplace, culture, or language
- Age – Federal law protects individuals over 40 years of age
- Disability – a mental or physical condition that substantially limits one or more major life activities
- Military or Veteran Status – as stated
- Sexual Orientation – an individual’s sexual preference
- Pregnancy – includes childbirth, potential for pregnancy, and related medical condition
- Political Affiliation – as stated
- Physical Appearance – hair color, facial structure, being over/underweight
It is the University’s responsibility to:
- Provide all employees with annual anti-harassment and nondiscrimination education and training.
- Provide an environment that encourages students and employees to report all incidents of harassment or discrimination.
- Provide a mechanism to handle and investigate harassment and discrimination complaints.
Management personnel have a responsibility to:
- Protect all employees and students from harassment and discrimination.
- Respond immediately to complaints.
- Discipline those employees and/or students found guilty of violating the anti-harassment or nondiscrimination policy.
- Carry out supervisory responsibilities, including performance reviews, training, and discipline in a manner that does not abuse authority, undermine performance, or intimidate staff.
- Take corrective action when they are aware of harassment/discrimination. Failure to act may result in disciplinary action.
Employees and students have a responsibility to:
- Refrain from engaging in any behavior that may be perceived as harassment or discrimination.
- Report incidents of harassment, discrimination, or retaliation.
Retaliating or discriminating against anyone for complaining about harassment or discrimination is prohibited. Retaliating against witnesses or other individuals who cooperate in a harassment or discrimination investigation is also prohibited.
Staff/Student Relationship Policy
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty/staff and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. Each of the parties, particularly in retrospect, also may view the relationship in different ways. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of this policy. The University does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the University. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student) are generally discouraged.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities or shift a party out of being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee.