Academic integrity is expected of all faculty, staff and students in order to promote a productive and safe environment for learning.  Key components of academic integrity are communication and mutual respect among the members of the Samuel Merritt University community.  Faculty, staff, and students are expected to abide by the codes of conduct and ethics of this University, as well as, the code of ethics of their respective professions, which includes reporting misconduct to the appropriate authorities.  Lack of academic integrity includes, but is not limited to, plagiarizing, cheating, deception, breach of confidentiality, failure to report a clinical error, falsifying research results, and failure to confront and/or report misconduct of others.

Faculty members reserve the right to evaluate individual cases of academic dishonesty by a student and to take appropriate action, which may include failure on a paper or exam or failure in the course.  Faculty may also recommend censure, probation, suspension or dismissal to the Academic Vice President.  A written report of any action will be placed in the student’s file in the Office of the Registrar.  If the student’s status in the program is affected, a permanent notation will be made on his/her transcript.

Regardless of any action taken by the course faculty member, lack of academic integrity constitutes grounds for suspension or dismissal from Samuel Merritt University through the Office of the Academic Vice President.

Faculty and staff standards of conduct and consequences are delineated in the Faculty-Staff Handbook.

Students enrolled at Samuel Merritt University assume an obligation to conduct themselves in a manner compatible with the philosophy of the institution, the codes of ethics, and California laws and regulations pertaining to their respective professions.  Behaviors for which students are subject to discipline include but are not limited to the following categories: 

1. Violation of University policies;
2. Dishonesty, including but not limited to, cheating, plagiarism, forgery, alterations, or misuse of University documents or records;
3. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other authorized University activities, including clinical experiences;
4. Physical, verbal, or written abuse or intimidation of any person, implicit or explicit, or endangering the health or safety of any person;
5. Theft of or damage to physical or intellectual property belonging to the University or to a member of the University community or a campus visitor;
6. Unauthorized entry, access, or use of University facilities;
7. Failure to comply with directions of University officials acting in the performance of their duties, including the reasonable request for students to identify themselves;
8. Possession or use of weapons, firearms or explosive devices of any description (see “Weapons” policy, Campus Policies);
9. Violations of policy on alcoholic beverages and illegal substances;
10. Failure to conform with stated institutional policies and procedures;
11. Misrepresentation of the University and/or its policies and philosophy;
12. Behavior that seriously jeopardizes the safety of others;
13. Violation of California laws and regulations;
14. Violation of codes of ethics and standards of practice for the respective professions.

There are related policies and procedures which expand the Code of Conduct. Some of these include the codes of conduct and standards of practice for the respective professions, the Academic Integrity Policy and the Student Code of Ethics, faculty and staff personnel policies (published in the Faculty-Staff Handbook), and individual departmental policies and handbooks.

We, the faculty, staff, and students of Samuel Merritt University, share the conviction that the interactions among ourselves and between us and our community are founded in mutual trust, respect, and consideration. We are dedicated to a code of ethics which sets forth moral principles for positive human interaction.

• We agree to be trustworthy.
• We agree to be just in our evaluations and decisions.
• We agree to respect human dignity and cultural and personal differences among people, and to be sensitive to these in our respective roles.
• We support individuals’ rights to autonomy and to pursue their own life decisions as long as they do not infringe upon the rights of others.
• We agree to be accountable for our decisions and actions, and for our roles and interactions among others.
• We are committed to life-long learning, continual self-assessment, and the conscientious and diligent pursuit of excellence in our respective fields.
• We believe in working together as a team toward the common good and for academic purposes.
• We observe the confidentiality of information and records in our charge.
• We agree to abide by the written standards and codes of ethics and conduct of our respective professions.

There are related policies and procedures which expand the Code of Ethics. Some of these include the codes of ethics and standards of practice for the respective professions, the Academic Integrity Policy and the Student Code of Conduct, faculty and staff personnel policies (published in the Faculty-Staff Handbook), and individual departmental policies and handbooks.

Bullying is the repeated actions or threats of action directed toward a person by one or more people who have (or are perceived to have) more power or status than their target in order to cause fear, distress or harm. Bullying can be physical, verbal, psychological or any combination of these three. Bullying behaviors can include name-calling, obscene gesturing, malicious teasing, rumors, slander, social exclusion, damaging a person’s belongings, threats and physical violence.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of University’s control (e.g. not on University networks, websites or between University email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial University disruption.

Critical Behaviors, which if proven can immediately result in failure of the course, as well as disciplinary action by the University:

• Purposeful falsification of a client’s record.

• Denying responsibility for one’s own deviation from standard practice

• Act or threat of intimidation, harassment or physical aggression

• Actions which place the client or others in physical or emotional jeopardy

• Abusive behavior toward clients or others

• Failure to disclose actions, which place the client or others in physical or emotional jeopardy

• Ignoring the need for essential information before intervening.

Disclosures/Truth in Information - Refer to the policy in the Academic Policies section.

1. The Student Grievance Committee (SGC) is a standing committee of the Faculty Organization.  The Committee will consist of two faculty members from the School of Nursing, and one faculty member from each additional school or department.  These faculty members shall be nominated by their departments and selected by the President of the Faculty Organization.  There shall be one student for every 100 enrolled from each School or Department (nominated by the Student Body Association (SBA) and appointed by the Office of Student Affairs).  There shall be three staff members on the Committee, two from Student Affairs and one from Business Affairs.  Staff members will be appointed by the Vice President of Academic & Student Affairs and the Executive Vice President/Chief Operating Officer.  The SGC Chair, selected from members of the Committee, will hold a faculty appointment.  For each grievance review, the membership will include the Chair, two faculty, one staff, and one student.  
2. In the event that the appointed members of the SGC cannot be convened, the President of the Faculty Organization may convene a committee consisting of a minimum of three, based on the nature of the grievance.  The President of the Faculty Organization may exercise the right to appoint other representatives as necessary.
3. The meeting shall be closed to the public and only the grievant(s), members of the Committee, the person whose decision is being grieved, and other individuals approved by the SGC Chair, shall be present.  Staff in the Office of Student Services may serve as a student resource during the grievance process; however they are not voting members of the Committee.  
4. The SGC Chair has full operational authority to plan and conduct the meeting as they determine.  
5. In the case of grievances or allegations involving more than one grievant, the SGC Chair has the discretion to convene one meeting for all parties concerned or a separate one for each person.
6. Committee deliberations will only be open to members of the SGC.  
7. Formal rules of evidence shall not be in effect.  No attorney, who represents any of the involved parties, shall attend or take part in the meeting.
8. Any and all written records of the proceedings shall be forwarded to the appropriate Vice President’s office after the hearing and archived.  There will be no recording devices allowed during the grievance proceedings.
9. All relevant information from the review will be kept in confidence, in accordance with the federal Family Educational Rights and Privacy Act (FERPA) or other applicable federal law.

Note:  The timelines specified in this policy may be extended due to extenuating or extraordinary circumstances, with the approval of the appropriate Vice President.

Impartiality

Samuel Merritt University recognizes that any student whose conduct (academic or behavioral/ethical) results in sanctions has the right to participate in a fair and impartial grievance process.

Policy

Samuel Merritt University (SMU) provides a process by which student grievances are managed and resolved.  The procedures below must be used by grievant(s) who are enrolled as students of the University.  Grievances cannot be filed on behalf of another person.  

This policy does not apply to grievances involving claims or violations under the Title IX Policy.

Process and Procedures

Step 1

Students shall make good faith efforts to resolve grievances with those directly involved, within 5 (five) working days after the event(s).

Step 2

If the grievance is not resolved following Step 1 within (5) five working days of the event(s), the student may submit the grievance to the highest academic or administrative officer (hereinafter called “Step 2 Officer”) of the school (Dean), department (Chair), or program (Director), in which the student is enrolled.  Such submission shall be in writing.  The Step 2 Officer will provide the student with any applicable internal grievance procedure (required by the department or school) and attempt to achieve a satisfactory resolution of the grievance.  A written decision by the academic or administrative officer shall be provided within a reasonable period of time and presented to the appropriate parties to the grievance.  

Step 3

If a decision adverse to the student is made, the student may accept the terms of the decision and comply with its conditions or the student may request a review of the decision by the Student Grievance Committee (SGC).  A request for review by the SGC must be submitted in writing to the Office of the Provost/Vice President of Academic Affairs & Student Affairs by the student within five (5) working days of the Step 2 Officer’s decision.  

If the issue involves an academic matter, the written grievance shall be submitted by the student to the Provost/Vice President of Academic Affairs & Student Affairs.  If the issue involves a disciplinary matter that is wholly unrelated to any academic matter, the written grievance shall be submitted by the student to the Dean of Students and a copy shall be forwarded to the Provost/Vice President of Academic & Student Affairs.  If, at the sole discretion of the Provost/Vice President of Academic & Student Affairs, it is determined that the grievance is related to academic matters, the Provost/Vice President of Academic & Student Affairs shall retain jurisdiction over the grievance to its conclusion.

The request for review by the student shall be in writing and contain:

1. A statement of the reason(s) for the request; 

2. Identification of the University policies or regulations alleged to have been violated, if any; 

3. All documents the student wants the SGC to consider, and 

4. Remedy sought.  

No supplemental filing of documents or materials shall be permitted unless requested by the SGC.

Within ten (10) working days of receipt of the request for review, the Provost/Vice President of Academic Affairs & Student Affairs shall request all pertinent documentation from the Step 2 Officer and insure that the grievant and parties involved in the grievance are given an opportunity to review a complete set of these documents.  Documents will be made available for supervised review in the office of the Provost/Vice President of Academic Affairs & Student Affairs and may not be removed, copied, or transcribed in any manner.  

The Vice President shall record the notification of grievance and may, at the Provost/Vice President of Academic Affairs & Student Affairs' discretion, forward all pertinent written information to the SGC Chair for the Committee’s review and recommendation.

Academic Matters

Grievances relating to academic matters include academic, classroom/clinical behavior, or any circumstances that occur within the learning environment are under the final jurisdiction of the Provost/Vice President of Academic Affairs & Student Affairs.  Didactic grading, assessment of clinical performance, policies related to matriculation  or failure to meet the program’s technical standards are not subject to grievance review, unless the student can demonstrate evidence of failure by the institution to follow department/University policy/procedure, evidence of discrimination, or evidence that the student has not violated standards of academic integrity or professionalism.   

Disciplinary Matters

Grievances related to disciplinary matters are grievances that fall outside of the classroom or clinical setting which are unrelated to academic matters are under the final jurisdiction of the Dean of Students and may include acts of intimidation/physical aggression, or violation in any of the following: non-academic student rights, code of ethics, code of conduct, and issues of accommodation related to Section 504 of the Rehabilitation Act of 1973 and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendments Act (ADAAA) of 2008.  

Grievance Review Process and Meeting

The SGC Chair shall select a meeting date occurring within a reasonable time after the filing of the request for review.  The SGC shall have full discretion regarding the conduct of the review including any additional information to be received.  In all cases, the grievant will be provided an opportunity to review all available documents and meet with the SGC.

The Committee shall deliberate and render its recommendation within a reasonable time to the Vice President.  A valid recommendation will constitute a simple majority of the SGC.

Action

The decision of the SGC on a request for review of a grievance shall be limited to the following recommendations.

1. Dismissal of the grievance;

2. Recommendation that the University uphold the decision of the academic program or Step 2 Officer;

3. Recommendation that the program reconsider its decision due to substantial evidence of discrimination or failure at the program level to follow standard policies and procedures;

4. Recommendation to the appropriate Vice President, that the program’s decision be reversed based on stated grounds. 

Decisions to uphold probation, suspension or dismissal shall be posted on the student’s academic record. 

Step 4

The Provost/Vice President of Academic Affairs & Student Affairs shall review the SGC’s recommended decision and within a reasonable period of time provide written notice of an approval, disapproval or modification of the SGC recommendation.  The Provost/Vice President of Academic Affairs & Student Affairs has the right to extend this review period to accommodate further review with written notification to the parties involved.  The written decision will be distributed by the Vice President to the grievant(s) and the administrative (Step 2) officer of the program in which the student is enrolled.

In cases involving recommendation of suspension or dismissal, and the Provost/Vice President of Academic Affairs & Student Affairs disapproves such recommendation; they shall provide written notice to the SGC of that decision, including the reason for disapproval prior to notification of the grievant.  The SGC Chair may request a meeting with the SGC and the Provost/Vice President of Academic Affairs & Student Affairs to resolve differences.  If such differences are not resolved the decision of the Vice President shall be final.

Any action resulting in dismissal or suspension of the grievant from the University is subject to review and approval of the Vice President under whose jurisdiction the grievance rests.  The decision of the Provost/Vice President of Academic Affairs & Student Affairs is considered final.

A student suspended or dismissed from the University under the graduate and undergraduate progression and graduation policies and who is involved in the grievance process outlined in this catalog and student handbook will be allowed to register for non-clinical classes in the semester immediately following the ruling while his/her appeal is being heard.  This policy does not apply to students whose next semester involves only clinical courses as defined by the program.

The student, if otherwise eligible, will be allowed to collect financial aid and will be required to pay tuition as any regularly registered student.  If applicable, the student’s refund will be held on account until the grievance is resolved. 

If the dismissal is upheld, the effective date will be the end of the previous term.  Any financial aid refunds will be retained by the University until the decision has been made.  At that point, all eligible financial aid will be returned to the appropriate financial aid agency.  

If the dismissal is overturned, any financial aid refunds will be processed.

If, at the end of the grievance procedure, the appeal is denied (upholding the suspension or dismissal from the University), the student’s registration status will be revoked and the student will be suspended or dismissed.

If, at the end of the grievance procedure, the appeal is upheld (overturning the suspension or dismissal) the registrar will return the student to a regular registration status.

Retaliation is Prohibited. Retaliation is an adverse action that is taken because someone files a complaint or participates in an investigation or complaint proceeding. Retaliatory actions which are prohibited include intimidation, threats, coercion, or discrimination against any such individual. Complaints of retaliation will be investigated by the University under the same complaint processes and standards which applied to the original underlying complaint.