Date Effective: March 31, 1998

POLICY AND PROCEDURE MEMORANDUM STUDENTS - 6

SUBJECT: Student Conduct Code

POLICY

The faculty, staff and students of the Bloomberg School of Public Health and the Johns Hopkins University have the shared responsibility to conduct themselves in a manner that upholds the law and respects the rights of others. The Student Conduct Code is based upon the support of faculty, staff and students who must accept the responsibility to live honorably, to hold other members of the community to the same high standard of conduct, and to take action when necessary to safeguard the interests of the University and its community.

Students enrolled in the Bloomberg School of Public Health assume an obligation to conduct themselves in a manner which upholds the law and respects the rights of others. They are responsible for maintaining the academic integrity of the institution and for preserving an environment conducive to the safe pursuit of the School's educational, research, and professional practice missions.

This code begins on the day of first registration in the School and is enforceable until a degree has been conferred on convocation and commencement day. It governs behavior by students which occurs on or off University property and is enforceable throughout the entire matriculation period, regardless of whether classes are in session or the student is enrolled in classes. The Code also covers students who are not enrolled in a degree program but are enrolled in any educational course or program offered by the Bloomberg School of Public Health.

The Conduct Code covers students of the Bloomberg School of Public Health even while participating in educational and research activities in other divisions of the University or in other institutions.

The Conduct Code is not intended to replace law enforcement or to provide non-Hopkins community members with a mechanism to redress personal grievances. Some acts of misconduct may also constitute violations of law. The University's policy is to cooperate fully with law enforcement authorities. Any disciplinary proceedings held by the University are independent of any criminal proceedings arising out of the same incident.

The School has the responsibility to provide a personal copy of this Code to every student. Once provided with a copy, the student is responsible for reading the Code and becoming familiar with its provisions. Thus, all students will be presumed to have knowledge of the provisions of this Code as a consequence of enrollment in the Bloomberg School of Public Health. Lack of familiarity with the provisions of this Code will not serve as a defense to any actions violating student conduct as defined by the Code.

CONDUCT COVERED BY THE CODE

Examples of conduct which students are expected to refrain from include but are not limited to:

·        falsifying, forging, altering, destroying or otherwise misusing official University documents or seals;

·        destroying, vandalizing, or deliberately misusing University property;

·        knowingly possessing or furnishing stolen property of the University or of others;

·        acts which disrupt or interfere with the orderly operation of teaching, administration, research, or professional practice;

·        behavior which causes, or can reasonably be expected to cause physical harm to a person;

·        physical or verbal threats against, intimidation of, or persistent, unwanted contact with any member of the University community;

·        sexual abuse, assault, or rape of another person;

·        sexual harassment of another person;

·        unauthorized distribution or possession of any controlled substance on University property;

·        use of school facilities or computers to access or obtain pornography or to harass any member of the University community or any person or organization outside of the University, doing so on University premises, or directing such information to any member of the University community;

·        use of school, personal or other computing resources to interfere with system security or integrity, to obstruct users from authorized services, to forge electronic materials, or to pursue unlawful or unprofessional activities such as "hacking";

·        provision of alcohol to minors on University property;

·        unauthorized use, possession, or storage of any chemicals, weapons, fireworks or explosives on University property; possessing, wearing, carrying, transporting, or using a firearm, pellet weapon, or knife (larger than a 3 1/4" blade) on University premises;

·        failure to observe policies regulating the use of University buildings, property or other resources;

·        refusing to appear or giving false statements when one is asked to present evidence or respond to an investigation in any case involving the Student Conduct Code;

·        refusing to comply with the directions of University officials, faculty, administrators or staff acting in the performance of their duties;

·        violations of law which occur on University property or in connection with University functions, which affect members of the University community, or which impair the University's reputation.

Allegations of violations of academic integrity by students in the School are covered under the policies and procedures contained in PPM for Students - 1 (Academic Ethics) and the School's Academic Ethics Code.

Allegations of fraud during the conduct of research by students will be handled and resolved according to the policies and procedures specified in Faculty PPM 7 - Fraud in Research.

Allegations of sexual harassment are covered by the University's Sexual Harassment Prevention and Resolution Program for faculty, staff and students. The University encourages individuals to report incidents of sexual harassment and provides a variety of avenues, both formal and informal, by which individuals can report complaints of sexual harassment. Allegations of sexual harassment by students are covered under the JHU program and under the Student Conduct Code.

Allegations of unsatisfactory performance or unacceptable behavior by faculty are covered by PPM Faculty - 8 (Procedure for Handling Allegations of Unsatisfactory Performance or Unacceptable Behavior), and allegations of fraud during the conduct of research by faculty are covered by PPM Faculty - 7 (Fraud in Research).

Allegations of misconduct by staff are covered by policies and procedures established by the University Office of Human Resources as stated in the Personnel Policy Manual.

PROCEDURE

Section One.
Complaints may be generated by students, faculty or staff of the University, by members of community groups or external agencies, law enforcement reports or records, and campus security reports or records. If the complaint is generated by written records or reports, one of the deans responsible for student affairs may act as complainant.

Section Two.
The parties involved should make every attempt to come to an direct resolution. If a violation of law is alleged to have occurred, no direct resolution will be allowed, and the University will cooperate fully with law enforcement authorities.

Section Three.
If the matter is not resolved by the parties involved to their mutual satisfaction, the complainant shall bring the complaint to one of the deans responsible for student affairs. As a preliminary step, the Student Conduct Code procedures are explained to the complainant, options are discussed, and the complainant decides whether to pursue the complaint. If the complainant decides to do so, the process continues through the following steps:

·        One of the deans responsible for student affairs meets with the accused student and any other individuals involved in the case.

·        The investigating dean responsible for student affairs determines whether there is sufficient cause for charges to be initiated against the accused student.

·        If the accused student is charged, the investigating administrator evaluates whether the case should be handled administratively, referred to the Student Conduct Board, or referred to mediation.

Section Four.
At any point in the above process, but before a student is formally charged, the complainant and accused may come to mutual agreement on the resolution of the case, which may be mediated by one of the deans responsible for student affairs. Penalties will be mutually agreed upon and may include those penalties established by the student conduct board, or may be other mutually agreed upon penalties. The complainant and the accused may co-sign a memo or other document that the case was settled to the mutual satisfaction of each party. A written record is kept of the circumstances and resolution of the case for four years. The record shall be kept in a central location accessible only to the deans responsible for student affairs.

STUDENT CONDUCT BOARD

The Student Conduct Board is convened to hear formal charges against a student accused of misconduct. It is designed to give students a formal role in upholding the standards of community life at the University and to give students accused of violating those standards the opportunity to have their cases heard by their peers.

The Board reports to the Dean. The Dean will assign a staff member to set up meetings, to circulate materials and otherwise provide administrative support to the Board. The Board is composed of six students and four faculty. Students are selected by the Student Assembly at the beginning of each academic year from among the full-time student body. Faculty are selected by the Dean from among the full-time faculty. Every effort should be made to select students and faculty from diverse disciplines, departments, and, in the case of students, academic programs.

Upon receipt of a charge of a violation of the student conduct code, the Student Conduct Board shall serve prompt notice of the charge to the accused student. The notice shall be hand delivered to the student or shall be sent by certified mail, return receipt requested. The notice shall contain:

·        a written description of the alleged violation, including insofar as possible the time, date and place of the alleged incident;

·        a statement informing the student of the right to inspect at a designated place on campus in advance of the hearing any documentary evidence intended for use at the hearing;

·        a copy of the Student Conduct Code.

The complainant shall also be notified that the charge has been made.

HEARING PANEL PROCEDURES

Section One.
Upon receipt of a charge of a violation of the Student Conduct code, the Student Conduct Board will designate a Hearing Panel to consider the charges. A student member is designated by the Board to serve as the presiding non-voting officer for each hearing. The Hearing Panel shall consist of five student members (one of whom is the presiding non-voting officer) and three faculty members of the Student Conduct Board.

Section Two.
Members of the Student Conduct Board will be excused from a particular Hearing Panel if they cannot be impartial due to the nature of their relationship with either the complainant or the accused, or if they cannot reasonably expect to be available during the period of time when the Hearing is expected to take place. The Student Conduct Board may appoint to a hearing panel full-time faculty or full-time students who are not members of the Board when an adequate number of members of the Board are unavailable, subject to approval by the available members of the Board.

Section Three.
The complainant and accused are informed of the date and time of the hearing, and of the names of the members of the Hearing Panel. Each has the responsibility to inform any witnesses and to obtain any documentary evidence in advance of the hearing such that both the complainant and accused shall have adequate opportunity to examine the evidence in advance of the hearing.

Section Four.
All evidence will be deposited with the Dean or his designee in adequate time such that both the complainant and accused shall have adequate opportunity to examine the evidence in advance of the hearing, or to be provided with copies of the evidence. If the Bloomberg School of Public Health is in session, inspection shall be permitted at least two school days before the hearing. If the School is not in session, inspection shall be permitted at least one week before the hearing.

Section Five.
The accused shall be presumed innocent until found to be guilty.

Section Six.
Hearings of the Panel shall be open to the person bringing the charge(s), the accused, any witness called by either party, and not more than one representative of the complainant and of the accused affiliated with the Bloomberg School of Public Health subject to University policy which prohibits representation by outside counsel. In the case of multiple complainants or accused individuals in the same case, the Hearing Panel shall make a determination of the optimal methods to conduct the hearing consistent with this Code. Multiple charges against a single student may be heard at one hearing at the discretion of the presiding officer.

Section Seven.
The Hearing Panel members shall not be informed of details of the charge before the hearing is convened and shall avoid discussing the pending hearing with the parties concerned, possible witnesses, or any other persons. The complainant, the accused, and their representatives may discuss procedures with the presiding officer but may not approach members of the panel concerning any matter directly or indirectly related to the hearing. Such approaches will themselves constitute a violation of the Student Conduct code.

Section Eight.
If an accused student fails to appear for a hearing after having been duly served with notice or withdraws from a hearing before its conclusion without the permission of the hearing panel, and if the hearing panel determines that such action has been willful, immediate suspension of the accused from the University may be imposed. Such a suspension shall continue until the hearing can be concluded with the student present.

Section Nine.
During the conduct of the hearing, the presiding officer shall act as recorder and all members of the hearing panel shall be in attendance throughout the proceedings. The accused, the complainant, and their designated representatives shall be present throughout the plea, presentation of evidence, and questioning. Other individuals shall be present at the hearing only for the purpose of giving testimony and only during the duration of their testimony. After testifying, witnesses shall remain available and shall inform the presiding official of their whereabouts and how they may be reached.

HEARING PROCEDURES

Section One.
Record. A full and complete record shall be made of the proceedings by a tape recording or other suitable device. The accused shall be furnished a copy of the tape recording at his/her request for the purpose of preparing an appeal. No record of the deliberations shall be made. The hearing panel may, however, prepare a brief written report detailing the reasons for the findings of guilt or innocence and for any penalty imposed. Such reports shall be used only to help establish uniformity of verdicts and penalties and shall be written so as not to divulge, directly or indirectly, the identity of individuals.

Section Two.
Plea. After calling the hearing to order and introducing the panel, the presiding official shall read the charge (s) and ask the accused to state whether he/she is guilty or innocent.

Section Three.
Presentation of Evidence.

(a) If the accused asserts his/her innocence, the complainant shall present testimony and evidence in support of the charges. After the testimony of each witness, the accused, the representatives of the accused, the members of the panel, and presiding official may ask questions.

(b) Following the conclusion of the complainant's presentation, the accused and the representative of the accused may present testimony and evidence in support of his or her innocence, including any evidence of malice in the charge. After the testimony of each witness, the complainant, the panel, and the presiding official may ask questions. Any evidence or testimony relevant to the charge (s) specified in the notice may be admitted into evidence and heard by the panel.

(c) After the presentation of both sides of the case, any person in attendance other than witnesses may recall witnesses for further questioning.

(d) At the conclusion of all the evidence and testimony, the accused and the complainant shall have the opportunity of making a closing statement.

(e) Following the closing statements, all individuals except the presiding official and members of the panel are excused. The accused and the complainant shall remain available and shall inform the presiding official of their whereabouts and how they may be reached.

Section Four.
Determination of Guilt or Innocence. Each member of the panel will be asked to give a preliminary opinion concerning the guilt or innocence of the accused. The case will then be discussed by the panel until each member is ready to vote. In the course of the deliberations the panel may listen to the recording of the hearing or to any parts of the hearing. A single secret ballot will be taken on each charge. Guilt will be determined by majority vote. The presiding official will count the ballots, maintain an orderly discussion and answer questions of act and procedure but will not express an opinion on the merits of the case or vote. The accused, the complainant, and their representatives will be asked to return and the verdict will be announced.

The decision of the hearing panel of guilt or innocence shall be based upon a preponderance of the evidence, by a majority vote of the Hearing Panel. The decision shall be communicated promptly in writing to the Dean of the Bloomberg School of Public Health, to the complainant and to the accused's academic advisor.

Section Five.
Determination of Penalty. If the accused pleads guilty or is found to be guilty, he and his representative may present any mitigating circumstances to the panel. Corroborating witnesses of the mitigating circumstances may be called by the guilty party. If the hearing panel deems it necessary, it may obtain additional testimony from the complainant. After the presiding official and the panel members have no further questions, the accused and the accused's representative will be excused; and the panel will discuss the possible penalties until a secret ballot results in a majority vote for a penalty. The presiding official may not vote or express an opinion. The accused will be recalled to the hearing and the penalty will be announced.

Recesses of the Panel

The presiding official may recess the hearing when it is deemed necessary. During a recess of the hearing, no discussion of the case by panel members will be permitted.

PENALTIES

For students found guilty of misconduct by a hearing panel, penalties will be limited to the following list. Penalties will be determined by the hearing panel by majority vote. They may be imposed singly or in combination.

1. Disciplinary warning

The student receives written notice that continuation or repetition of conduct that has been judged wrongful or inappropriate, within a period of time stated in the warning, will be cause for more serious disciplinary action. A letter of warning creates a disciplinary file in the Office of the Dean that exists until the student leaves the University.

2. Disciplinary probation

The student is notified that he/she is no longer in good conduct standing with the University and that further violation of University regulations during the probation will likely result in disciplinary suspension or termination. A letter of warning creates a disciplinary file in the Office of the Dean that exists until the student leaves the University. Students on disciplinary probation are generally ineligible to hold elected or appointed offices within the School, or to serve on University committees for a set period of time as set forth in the notice of probation.

3. Disciplinary suspension

The student is suspended from the University for a specified period of time. Suspension from academic coursework includes exclusion from all academic privileges. A file is maintained in the Office of the Dean and a copy of the notification letter is filed in the student's academic records. A notation on the student's permanent academic record may also be ordered.

4. Additional sanctions in cases of warning, probation or suspension

As part of either the disciplinary warning or disciplinary probation, the following conditions may be applied:

·        letter of apology

·        restitution

·        fines

·        compensatory services

·        restitution services

·        community service

·        required counseling or medical care as a condition of continuation as a student until release by counselor or physician

·        exclusion from participation in commencement activities

·        exclusion or expulsion from Johns Hopkins-operated student housing

5. Expulsion from the University

A notation on the student's permanent academic record may also be ordered.

APPEAL PROCESS

A student found guilty may appeal the decision of the Hearing Panel to the Dean of the Bloomberg School of Public Health or to a designee of the Dean within 5 days of the decision of the hearing panel. The appeal must be in the form of a written statement setting forth the grounds for the appeal. All material collected as part of the proceedings of the Student Conduct Board hearings shall be provided to the Dean. A full written report of the disposition of each appeal shall be made by the Dean to the Student Conduct Board within 14 days. The Dean shall base a decision to overrule a finding by the hearing panel only upon a determination that some procedural impropriety has unacceptably tainted the hearing process. In the event that the Dean does overrule the finding of the Hearing Panel, a new Hearing Panel shall be convened and the alleged violation reexamined. The Registrar shall be notified immediately of an appeal to the Dean. Transcripts are not to be furnished until resolution of the matter. The same principles of confidentiality and behavior of the accused, complainant, the Hearing Panel and the Student Conduct Board shall apply during the appeal process.

STUDENT CONDUCT CODE BYLAWS

1. Tapes of hearings conducted under the Conduct Code shall be maintained for a period of seven years after completion of the case in the office of the Dean.

2. Documentary evidence introduced at hearings conducted under the Conduct Code shall be maintained for a period of seven years after completion of the case in the offices of the Dean.

3. All records of proceedings at hearings conducted under the Conduct Code shall be deemed confidential.

4. The presiding official of each case shall prepare a synopsis of the case. Such synopsis shall specify the nature of the charge, the course in which the alleged violation took place, the determination of the hearing panel and penalty imposed, and the outcome of any appeal. The identity of the accused and complainant shall not be divulged. The synopsis will be kept in the office of the Dean.

5. A breach of confidentiality of a case by a member of the Student Conduct Board shall cause his/her removal from the Board.

6. The Conduct Code Hearing Panel Procedures and Bylaws may be amended by the approval of three of the four faculty members and four of the six student members at a meeting of the Student Conduct Board for which notice has been given at least one week prior to the meeting. The wording of the proposed amendment shall be included with the notice of the meeting.

7. Other parts of the Conduct Code may be modified on approval of the School's Advisory Board and Student Assembly.

8. The Student Conduct Board shall elect officers as needed. Officers shall be elected by a vote of three of the four faculty members and four of the six student members. The term of each office shall expire at the end of each academic year.