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Franklin University Community Standards
Franklin University’s mission is to provide high quality, relevant education enabling the broadest possible community of learners to achieve their goals and enrich the world.
To achieve this Franklin University provides educational experiences that enhance intellectual abilities and career development. Franklin University’s Community Standards are designed to promote the educational mission of the University and to encourage respect for the rights of others.
All students have responsibilities as a member of the Franklin University community and are expected to uphold and abide by certain standards of conduct embodied within a set of core values that include honesty and integrity, respect for others, and respect for campus community. The general principles stated below identify University expectations regarding personal conduct and are the principles that shape the regulations and practices outlined in these Community Standards.
- Honesty and Integrity: Personal integrity is expected of all community members in all aspects of community life, both in and outside of the classroom. Franklin University students are expected to exemplify honesty, integrity and a respect for truth in all of their interactions.
- Respect for Others: Community members are encouraged to treat all people with respect without regard to age, religion, race, ethnicity, color, national origin, ancestry, immigration status, sex, sexual orientation, gender identity or expression, marital or familial status, disability, or veteran or military status. Such respect for one another promotes free and open inquiry, independent thought and mutual understanding.
- Respect for Campus Community: It is in the common interest to protect both University property and the private property of all members of the community.
The Community Standards process at Franklin University is not intended to be a punitive process for students. The focus of the Community Standards is to protect students and the campus community. By a student’s voluntary attendance at Franklin University, they agree to comply with University regulations. As responsible adults and representatives of the University, students are accountable for their actions both on and off campus. Membership in the Franklin University community does not provide immunity from the laws and standards of local, state or national jurisdictions. The University may advise appropriate officials of violations of civil or criminal law committed on campus.
University sanctions, unlike procedures of courts of law, do not require conclusive proof; instead, rely on the preponderance of evidence.
No student will be found in violation of Franklin University’s Community Standards without the preponderance of evidence that a policy violation occurred.
In Franklin University’s sole discretion, sanctions will be proportionate to the severity of the violation.
The preservation of conduct records and evidence obtained through an investigation will be maintained for a period of 5 years from the trimester in which the offense occurred. All electronic records and documentation are maintained by the Office of the Dean of Student Affairs.
All concerns of an academic nature should be directed to firstname.lastname@example.org. If the matter is an academic appeal situation, either a final grade appeal or an appeal of a charge of academic dishonesty, the process stated in the Franklin University Academic Bulletin and should be directed to the Provost via email to email@example.com. This process must be strictly followed or the right to appeal will be deemed waived.
Non-academic concerns dealing with the noncompliance under the regulations cited in Franklin University Community Standards section of the Franklin University Academic Bulletin or www.franklin.edu/go/conduct should be reported in writing to the Student Code of Conduct Coordinator at firstname.lastname@example.org. See the process listed below. Anonymous reports may be submitted through www.Mysafecampus.com. All matters will be treated private to the extent practical and consistent with Franklin University’s obligation under the law.
Franklin University does not discriminate on the basis of age, religion, race, ethnicity, color, national origin, ancestry, immigration status, sex, sexual orientation, gender identity or expression, marital or familial status, disability, or veteran or military status.
Title IX Coordinator
Inquiries concerning the application of Title IX may be referred to the Title IX Campus Coordinator who is the Blake J. Renner, Ed.D. (Director of Community Standards) at 201 South Grant, Columbus, Ohio 43215, by phone at 614-947-6236, or by email at email@example.com. Other inquiries can be sent to the Office of Civil Rights, Cleveland Office, U.S. Department of Education, 1350 Euclid Avenue, Suite 325 Cleveland, OH 44115, or by phone at (216) 522-4970, or by email at OCR.Cleveland@ed.gov.
ADA/Section 504 Compliance Coordinator
Inquiries concerning a request for reasonable accommodation, or questions regarding the rights of individuals under the ADA or Section 504 may be referred to the ADA/Section 504 Compliance Coordinator Blake J. Renner, Ed.D. (Director of Community Standards) at 201 South Grant, Columbus, Ohio 43215 or by phone at 614-947-6236 or by email at firstname.lastname@example.org.
As members of an academic community, students share responsibility with the faculty and administration of Franklin University for creating and maintaining an atmosphere that is conducive to learning and personal growth and respectful of the rights of others. By their attendance at Franklin University, students are obligated to comply with its regulations and procedures, which they are expected to read and understand.
Franklin University Community Standards applies and is not limited to all actions, events, and functions on or near the university premises.
The Community Standards also applies to off-campus conduct of students and registered student organizations in direct connection with:
- Academic course requirements or any credit-bearing experiences, such as internships or field trips;
- Any activity sponsored, conducted, or authorized by the University or by registered student organizations; or
- Any activity that causes substantial destruction of property belonging to the University or members of the University community or causes serious harm to the health or safety of members of the University community.
Students continue to be subject to city, state, and federal laws while at the University, and violations of those laws may also constitute violations of the code. In such instances, the University may proceed with University disciplinary action under the code independently of any criminal proceeding involving the same conduct and may impose sanctions for violation of the code even if such criminal proceeding is not yet resolved or is resolved in the student's favor.
The University may take disciplinary action, independent of civil authorities, for activities that take place off-campus when the interests of the University are adversely affected. Examples of Franklin University’s interests being adversely affected include and are not limited to:
- An allegation, arrest, charge or conviction of a criminal offense as defined by law, including repeat violations of any local, state or federal law.
- Any situation where the student presents a danger or threat to the health or safety of him/herself, to the extent that it has an impact on others, or others.
- Any situation that significantly impinges upon the rights, property or achievements of self, to the extent that it has an impact on others, or others.
The University reserves the right to administer the code and proceed with the hearing process even if the student withdraws from the University, is no longer enrolled in classes, or subsequently fails to meet the definition of a student while a disciplinary matter is pending.
Franklin University is committed to creating a culture of reporting by encouraging the reporting of Community Standards violations. Franklin University reserves the right to respond to notice and to initiate conduct proceedings without a formal allegation by the victim or witnesses of misconduct.
Franklin University encourages the reporting of Community Standards violations. Allegations of misconduct should be filed as soon as possible, but no later than ninety days after the alleged misconduct is known to have occurred. There is no time limitation on reporting incidents of sexual based offenses.
Reporting options for sexual-based offenses include the rights of students to notify or not notify on-campus or local police. Franklin University campus security authorities will assist any student victim who chooses to notify law enforcement. All student victims have the right to decline to notify such authorities.
Harassment and Sexual Misconduct is prohibited by Franklin University policy and by federal laws such as Title VII and Title IX. All members of the community are expected to conduct themselves in a manner that does not infringe upon the rights of others. In accordance with federal law, victims of sexual misconduct and/or sexual harassment incidents have an absolute right to be informed of the outcome and sanctions, in writing, without condition or limitation. Franklin University may release this information to the victim in any of these offenses regardless of the outcome.
The University will consider the needs and circumstances of injured parties, especially victims of personal injury and/or sexual assault. The University will take such measures as it deems reasonable to prevent the unnecessary exposure of victims of personal injury and/or sexual assault.
Online harassment (email, social media, blogs, web pages, and other modes of electronic communication) is prohibited by Franklin University policy and is subject to disciplinary action through the appropriate judicial process.
Franklin University will not and is prohibited from discriminating against pregnant students based upon their marital status and cannot discriminate against a student because of childbirth, false pregnancy, or recovery from these conditions. Title IX requires that pregnant and parenting students have equal access to schools and activities, that all separate programs are completely voluntary, and that schools excuse absences due to pregnancy or childbirth for as long as it is deemed medically necessary.
Franklin University reserves the right to deny admittance, continuous enrollment, or re-admittance of any student whose presence at the University would endanger the health, safety, or welfare of themselves or the Franklin University community members.
To protect its character and standards of scholarship, Franklin University reserves the right, and the applicant concedes to the University the right, to deny admission to any student at any time for any reason the University deems sufficient.
Re-admission to the university is not guaranteed and is subject to a satisfactory record of conduct. Re-enrolling students may be required to provide additional information upon the request of Franklin University’s Admission Review Committee. Regardless of a student’s qualifications, if any student has experienced significant or ongoing difficulties while enrolled at another institution or with other authorities since their last enrollment at Franklin University their application for re-admission may be denied.
Franklin University requires that a review shall be conducted by the Admissions Review Committee prior to admissions to the University for all applicants who meet one or more of the following conditions included but is not limited to:
- The University has information that an applicant has a violent felony conviction (prior or current offense)
- The Applicant voluntarily disclosed a violent felony conviction (prior or current offense)
- The Applicant has been dismissed, placed on probation, or has pending judicial actions by another institution of higher education
The Admissions Review Committee will review all information and make a recommendation to the Dean of Students on the suitability of an applicant’s enrollment at the University. The recommendations may include:
- Admit with No Conditions
- Admit with Conditions that are specified by the Admissions Review Committee
- Deny Admissions
The actions of official and unofficial student organization involved in University-related activities or University-sponsored activities that are in violation of Franklin University Community Standards will result in disciplinary action.
Attempts to commit acts prohibited by this Community Standards may be punished to the same extent as completed violations. Franklin University will not tolerate intentional false reporting of incidents and students reporting false accusations will be found in violation of the Community Standards and subject to disciplinary action through the appropriate judicial process.
The Community Standards applies to guests of community members, whose student hosts may be held accountable for the misconduct of their guests. Visitors to and guests of Franklin University are also protected by the Community Standards, and may initiate grievances for violations of the Community Standards committed against them.
Any University official has the right to enter any part of the University premises to perform reasonable custodial, routine maintenance, inspect for damages or cleanliness, or in case of emergency. A University official may enter and search University premises if there is reason to believe that the premises are being used for an illegal purpose or a purpose that violates health or safety regulations or interferes with normal University operation. Evidence found in such a search may be confiscated and used in disciplinary and/or criminal proceedings.
Franklin University strives to provide a safe, pleasant, and secure environment for all members of the University community. To ensure this, the University reserves the right to conduct searches, as appropriate, of personal belongings that are on University property. These belongings include but are not limited to articles of clothing, purses, briefcases, bags, and or vehicles. In most cases, the party being searched will be present during the search.
Franklin University is not responsible for personal property that is lost, stolen, or damaged.
The University may establish, publish and enforce rules and regulations, including the regulation of sound equipment, rallies, parades, demonstrations or other assemblies, to ensure safety of persons and property and to prevent disruption of the educational process.
Therefore, when students apply for admission, they recognize their obligation to conform to regulations of the University. Further, it is understood and agreed to by students that failure to meet their obligations shall justify the imposition of disciplinary sanctions including, but not limited to, loss of privileges, probation, suspension, and/or dismissal. Repeated and aggravated violations of any section of the Community Standards may also result in the imposition of greater penalties, including but not limited to suspension or expulsion. Franklin University reserves the right to suspend for an interim period any student whose presence on the campus is, in the sole judgment of the University, detrimental to the best interests of the University.
Franklin University does issue rules and regulations that apply to University premises that are necessary for the effective operation of the University. The University reserves the right to make changes to the Community Standards. All changes will be posted online at www.franklin.edu/go/conduct under Conduct Rules and Regulations.
Behavior that violates University standards of conduct listed here and elsewhere will be subject to disciplinary action through the appropriate judicial process. If it is determined that a group is responsible for a violation, either by direct involvement or by condoning, encouraging or covering up the violation, appropriate action will be taken with respect to the group as well as to the individuals involved.
A. Honesty and Integrity
Behavior that demonstrates a lapse of honesty and integrity includes, but is not limited to:
1. Abuse of the Judicial Process
Abuse of the Judicial Process, including but not limited to harassment and/or intimidation of a member of a judicial body or any participant prior to, during and/or after a judicial proceeding; obstruction of an investigation; falsification, misrepresentation or distortion of information before a judicial body; failure to comply with the sanction(s) imposed through the judicial process.
2. Academic Dishonesty
Violations in course rules or department policy contained in the syllabus and or provided to the student are subject to a charge of academic dishonesty. Forms of academic dishonesty include, but are not limited to:
a. Plagiarism: Submitting all or part of another’s work as one’s own in an academic exercise, such as an examination, computer program, or written assignment. Some examples of plagiarism include but are not limited to:
- Failure to use APA standards to properly cite the work of others
- Cutting and pasting from other sources without citation.
- Submitting a purchased term paper, in whole or in part.
b. Recycling Assignments: Submitting one’s own work, which was submitted and graded for an earlier course or section, unless submission of that work has been pre-approved by the current instructor.
c. Cheating: Using or attempting to use unauthorized materials (e.g., books, notes, wireless devices) on an examination or assignment, improperly obtaining, or attempting to obtain, copies of an examination or answers to an examination, or using a false name or email address on a test or assignment.
d. Facilitating Academic Dishonesty: Helping another commit an act of academic dishonesty, such as substitution for an examination or completing an assignment for someone else or making assignments available for another student to copy.
e. Fabrication: Altering or transmitting, without authorization, academic information or records
Special procedures are used to address violations of academic integrity. The complete Academic Integrity Policy, including the reporting of a charge of academic dishonesty, penalties of academic dishonesty, and the appeal processes, can be located in the Academic Bulletin on page 18.
3. Copyright Infringement Policy
Students and employees are to be responsible consumers of copyrighted materials. No student or employee may reproduce any copyrighted work in print, video, audio or digital form, including from the internet, without express permission of the author of the work. Use of copyrighted material requires permission from the originator of the material unless it is in the public domain or subject to “fair use” standards. Violations of copyright laws include illegally copying, distributing, downloading or uploading information from the internet or any electronic source. Works are considered protected even if they are not registered with the U.S. Copyright Office and even if they do not carry the copyright symbol (©).
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.
Copyrighted works include, but are not limited to: printed articles from publications, TV and radio programs, movies, videotapes, music performances, photographs, video games, audio materials, video games, images, software programs, databases and World Wide Web pages. In general, the laws that apply to printed materials also apply to visual, audio and digital formats such as diskettes, CD-ROMs and Internet pages. Therefore, it is against the law to copy software without the permission of the copyright holder or which is not distributed as “freeware”.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.
Copying or making use of materials other than in accordance with this policy, even if unintentional, may lead to disciplinary action and may subject students to civil and criminal liabilities.
4. Deception or Fraud
Misrepresenting oneself or furnishing false information about oneself to and Franklin University officials is prohibited.
Knowingly attempting to settle a debit or account with Franklin University with a worthless check, forging a money order, or making a payment with an unauthorized or stolen credit card is strictly prohibited and will be subject to disciplinary action and may be subject to civil and criminal liabilities.
5. Dishonest Conduct
Acts of dishonesty are prohibited. Such conduct may include, but is not limited to;
- Knowingly reporting a false emergency
- Knowingly making false accusations of misconduct
- Knowingly filing a false complaint
- Misuse or falsification of University documents by actions such as forgery, alteration or improper transfer; and/or submission to a University official of information known by the submitter to be false or incomplete
6. Theft/Unauthorized Use of Property
Theft, or attempted theft, or the unauthorized use or possession of University property or services, or the property of others while on University premises is prohibited.
7. Unauthorized Presence
Unauthorized entrance, or attempted entrance, to or presence in or on University premises is prohibited.
8. Student Contact Information
Students are responsible to keep current address, telephone, e-mail and contact information on file with the University. Students are provided an opportunity to update this information each time they register. Telephone number and e-mail changes must be reported to Student Services either face-to-face or via e-mail through the email@example.com mailbox. Only those requests made through the student's Franklin email address will be accepted. Address changes can be made online via myFranklin site.
B. Respect for Others
Behavior that demonstrates a disregard for the respect of others includes, but is not limited to:
1. Acts of Discrimination
Discrimination is prohibited. Franklin University does not discriminate on the basis of age, religion, race, ethnicity, color, national origin, ancestry, immigration status, sex, sexual orientation, gender identity or expression, marital or familial status, disability, or veteran or military status.
Physical assault, or actions, or behavior or threats that, if carried out, which endanger the safety of one’s self or which cause injury to another person are prohibited.
3. Disruption or Disruptive Behavior
Disciplinary action will be taken when a person engages in conduct that disrupts or prevents University-authorized activities. Such conduct includes, but is not limited to, speech, communication, or action which the student:
- jeopardizes the safety and or welfare of student and or others
- interferes with the teaching process, research, or the administrative process,
- interferes with the learning activities of other students,
- impedes the delivery of services,
- impacts the learning environment,
- creates an environment that is disrespectful, offensive, and/or threatening,
- creates an environment that is physically, verbally or psychologically harassing, threatening,
- interferes with the class by acting abusively towards an instructor, staff members, or other students,
- interferes with the lawful movement on campus,
- or damages equipment or property.
4. Domestic Violence, Dating Violence, and Stalking
Domestic Violence, Dating Violence, and Stalking are violations of the Community Standards and are prohibited at Franklin University.
- Domestic Violence includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
- Dating Violence includes violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
- Stalking refers to a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress. Franklin University also prohibits cyber stalking which occurs when a person, through a pattern of conduct which includes the use of electronic communication, causes another person physical or mental distress.
In cases of domestic violence, dating violence, or stalking Franklin University will:
- Provide a prompt, fair, and impartial investigation and resolution; conducted by officials who are trained on issues related to domestic violence, dating violence, and stalking, and are able to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- Ensure that the accuser and accused are entitled to the same opportunities to have a support person/advisor of their choice at any proceeding or related meeting.
- Ensure that the accuser and accused are simultaneously informed in writing of:
- The outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, or stalking.
- The institution’s procedures for appealing the results of the proceeding.
- Any change to the results that occur prior to the time that such results become final.
- When such results become final
“Hazing,” which is defined by Section 2903.31 of the Ohio Revised Code as “doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person” is prohibited.
6. Inappropriate Communications
Within the broad context of free academic discussion and debate, communications between members of the University community (faculty, staff, and fellow students) are expected to reflect high ethical standards and mutual respect and civility. The medium of communications makes no difference. Whether the communication is through face-to-face exchange, e-mail, electronic bulletin board, chat room, telephone, audio bridge, etc., students must demonstrate respect for faculty, staff, and fellow students in all communications. Some examples of inappropriate communications include:
- obscene, racist/sexist, ethnic, harassing, intimidating, or threatening language and/or actions,
- any communication that threatens the health or safety of any person,
- use of e-mail or computer networks to send unsolicited junk mail, chain letters, etc., or to further any illegal activity,
- disrespect of or insubordination to University personnel,
- use of oral or written profanity,
- repeatedly contacting faculty or staff when the person contacted has indicated that a
- response is pending or requests not to be contacted.
Note: This list is not intended to be an all-inclusive listing of inappropriate communications.
7. Infliction of Bodily Harm
Infliction or threat of infliction of bodily harm, whether done intentionally or with reckless disregard, including threat or action in retaliation for making allegations of misconduct, is prohibited.
8. Infringement of Freedom of Speech and or the Freedom of Expression
Intentionally interfering with the freedom of speech and the freedom of expression of others are deemed as violations of the Community Standards and will result in disciplinary action.
Intimidation, harassment, and/or bullying is strictly prohibited. If you believe you are being intimidated, harassed, or bullied by a campus community member you may enlist the help of the Department of Safety & Security Services and/or the Department of Student Affairs.
- Intimidation: Physical, written, and/or verbal threats that creates a hostile environment in which the impacts intentionally endanger the mental or physical health and safety of the person. Intimidation of members of a judicial body or any participant prior to, during and/or after a judicial proceeding is prohibited and will result in disciplinary action.
- Harassment: Physical, written, and/or verbal behavior that unreasonably interferes with a person’s work or creates an intimidating, hostile, or offensive environment.
- Bullying: Repeated inappropriate behavior, direct or indirect, whether verbal, physical or written, conducted by one or more persons against another or others, which could reasonably be regarded as undermining the individual’s right to dignity and causing an offensive environment. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential.
10. Lewd or Indecent Conduct
Franklin University strictly prohibits any acts that are lewd or indecent towards others and such acts are deemed as violations of the Community Standards and will result in disciplinary action. These acts include but are not limited to public urination, sexual acts performed in public or on the University premises, taking pictures of another person in the restroom without that person’s consent, disrobing, flashing, or streaking, and or the possession or distribution of any obscene materials.
11. Sexual Harassment and Sexual Misconduct
Franklin University strictly prohibits sexual harassment. Gender-based harassment is also prohibited. This includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, gender, or sex-stereotyping even if those acts do not involve conduct of a sexual nature. Sexual harassment is defined as unwelcome sexual advances; requests for sexual favors; or other physical conduct, verbal, non-verbal, or written communication of a sexual nature when:
- submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations or opportunities or;
- the submission to or rejection of such conduct or communication has the effect of interfering with or limiting a student’s ability to participate in or benefit from the school’s programs or;
- the conduct of such is sufficiently severe, persistent, or pervasive that it denies or limits a student’s ability to participate in or benefit from the education program or that it creates a hostile or abusive educational environment.
Sexual harassment violates University policy as well as state and federal law. Any incidents of sexual harassment should be reported immediately to Blake J. Renner, Ed.D., the Director of Community Standards by phone at 614-947-6236, by email at firstname.lastname@example.org, by mail at 201 South Grant, Columbus, Ohio 43215 or to the Office of Civil Rights, Cleveland Office. Anonymous reports may be submitted through www.Mysafecampus.com.
Allegations of sexual harassment will be investigated thoroughly and expeditiously, and appropriate corrective actions will be taken, which may include discipline or dismissal of the harassing party.
Sexual misconduct is a broad term encompassing any non-consensual physical contact of a sexual nature that is committed either by force or intimidation or through the use of the victim’s mental or physical incapacity, including through consumption of drugs or alcohol. Sexual misconduct may vary in its severity, and consists of a range of behavior or attempted behavior including, but not limited to, the following examples of prohibited conduct:
- Unwelcome sexual touching: The touching of an unwilling or non-consensual person's intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touching an unwilling person with one's own intimate parts; or forcing an unwilling person to touch another's intimate parts."
- Non-consensual Sexual Assault: Unwilling or non-consensual penetration of any bodily opening with any objects or body part. This includes, but is not limited to penetration of a bodily opening without consent through the use of coercion.
- Forced Sexual Assault: Unwilling or non-consensual penetration of any bodily opening with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another’s mental or physical condition of which the assailant was aware or should have been aware
Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior including, but not limited to the following examples:
- Non-Consensual Sexual Contact
- Forced Sexual Activity
- Non-Consensual Sexual Intercourse
- Forced Sexual Intercourse
- Sexual Exploitation
- Sexual Harassment
Non-Consensual Sexual Contact is:
- Any intentional sexual touching;
- however slight;
- with any object;
- by a person upon another person;
- without effective consent.
An example of non-consensual sexual contact would be, “The touching of an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast , buttocks, mouth, and/or clothing covering them); touching an unwilling person with one’s own intimate parts; or forcing an unwilling person to touch another’s intimate parts.” Or any other unwelcomed contact of a sexual nature.
Forced Sexual Activity is:
- Sexual activity by force or against the will of the victim
- Force includes: the use of physical means, violence, threats, intimidation or coercion;
- However slight;
- With any object;
- By a person upon another person
Sexual activity includes: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
Non-Consensual Sexual Intercourse is:
- any sexual intercourse (anal, oral or vaginal);
- however slight;
- with any object;
- by a person upon another person;
- without effective consent (see definition of consent).
An example of Non-consensual Sexual Intercourse is: “Unwilling or non-consensual penetration (oral, anal or vaginal) with any object or body part. This includes, but is not limited to penetration of the above mentioned bodily opening without consent through the use of coercion.
Forced Sexual Intercourse:
- Sexual intercourse (anal, oral or vaginal) by the use of force or against the will of the victim
- Force includes: the use of physical means, violence, threats, intimidation or coercion;
- However slight;
- With any object;
- By a person upon another person
An example would be: Penetration (oral, anal, or vaginal) with any object or body part that is attained by use of force, violence, threat, or intimidation against the will of the victim.
Occurs when a student takes nonconsensual, unjust or abusive sexual advantage of another; for his/her own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and that behavior does not otherwise constitute non-consensual sexual contact, non-consensual sexual intercourse or sexual harassment. Sexual exploitation includes:
- Prostituting another student
- Non-consensual video or audio taping of any form of sexual activity
- Lewd or indecent conduct as described above
- Sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) without informing the other person of such infection
- Sexual based stalking
Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent to future sexual acts.
Consent cannot be procured by use of physical force, compelling threats, intimidating behavior,or coercion. 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 he or she does 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.
In order to give effective consent, one must be of legal age.
If you have sexual activity with someone you know to be--or should know to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy. Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction.
This policy also covers someone whose incapacity results from mental disability, sleep,involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy. More information on these drugs can be found at www.911rape.org/
Use of alcohol or other drugs will never function to excuse behavior that violates this policy.
Title IX Coordinator
Inquiries concerning the application of Title IX may be referred to the Title IX Campus Coordinator Blake J. Renner, Ed.D. (Director of Community Standards) at 201 South Grant, Columbus, Ohio 43215, by phone at 614-947-6236, or by email at email@example.com. Other inquiries can be sent to the Office of Civil Rights, Cleveland Office, U.S. Department of Education, 1350 Euclid Avenue, Suite 325 Cleveland, OH 44115, or by phone at (216) 522-4970, or by email at OCR.Cleveland@ed.gov.
A significant benefit to timely reporting is the documentation and preservation of evidence should the victim determine at any point to report the matter for adjudication, either criminally, civilly or through university student code of conduct procedures. Any student alleging sexual harassment by faculty, staff or another student should advise the Title IX Campus Coordinator at firstname.lastname@example.org or at 614 947-6236. Anonymous reports may be submitted through www.Mysafecampus.com. Complaints will be promptly investigated. Each complaint will be treated privately to the extent practical and consistent with Franklin University’s obligation under the law. If a determination is made that this policy has been violated, appropriate disciplinary action will be taken.
Retaliation and False Reporting
The University prohibits retaliatory action against any person filing a complaint of sexual harassment or against any person cooperating in the investigation of any charge of sexual misconduct. This includes any form of intimidation, threats or harassment. The university also prohibits an individual knowingly filing false charges of sexual misconduct. Acts of retaliation and of knowingly filing false charges of sexual misconduct constitute violations of the Community Standards and will result in disciplinary action.
Interim actions to protect students:
The Office of the Dean of Student Affairs has the authority take interim action, such as interim suspension, to protect the safety of the university community. The university similarly has the authority to issue a no-contact order if continued contact between a complaining student, an accused, or witnesses would be prejudicial to any of the parties’ welfare. The university may also consider other interim action depending on the circumstances, which could include modifying class or work schedules or other arrangements.
C. Respect for Campus Community
Behavior that demonstrates a disregard for the respect of the campus community includes, but is not limited to:
1. Animals on Campus
Animals, with the exception of service animals (guide, hearing and service), are prohibited from all buildings on campus unless required for research or class projects.
2. Children on Campus
To ensure that the environment of Franklin University campus classes is conducive to learning and free from distractions, children are not permitted to attend classes or to be in the University Library, Student Learning Center or computer labs. In addition, children must never be left alone in another classroom, hallway or lounge; nor should they be left anywhere unattended on campus grounds or in the parking lot.
Students and faculty should be aware that there is an attendance policy in place for all classes and that they should plan for backup in case an emergency arises with regular childcare arrangements. If a child is left unattended, the Department of Safety & Security Services will take the necessary steps to eliminate the possibility of child endangerment.
3. Compliance with University Authority
Students must report, as instructed, to any campus office regarding University matters. Failure to comply with directives of or interfering with a University or public official acting in the performance of his duties is prohibited. This includes failure to respond to an official summons to the office of an administrative officer within the designated time or failure to present identification upon request of any University official. Failure to identify oneself to a University or public official when requested to do so or knowingly furnishing false information to a University or public official are deemed as violations of the Community Standards and will result in disciplinary action.
4. Computer Abuse
Computer abuse as defined in the University's Information Technology Standards is prohibited.
Franklin University encourages the use of electronic communication, technology and computing resources for the purposes of University instruction, advancement, administration, research and study. The rules and obligations described in this document apply to all users (students and alumni), wherever they may be located. All users must comply with the Computing and Network Resources Agreement when using University resources. The University has the responsibility of securing its computing systems to a reasonable and economically feasible degree against unauthorized access and/or abuse, while making them accessible for authorized and legitimate uses. This responsibility includes informing users of expected standards of conduct and the consequences for not adhering to them. Standards of conduct may include, but is not limited to the following:
- Limitations of privacy in electronic communication: Users expressly waive any right of privacy to anything they create, store or send on any University computer or through the University’s network. The University may access and disclose, as circumstances may warrant, faculty, student or staff electronic communications; therefore, privacy and/or confidentiality should never be assumed. Franklin University may use human or automated means to monitor the use of its resources. Users should respect the privacy of others through the application of normal academic ethics and polite conduct in their use of University computing resources.
- Ethical, efficient and appropriate use of resources and communication tools: Users have special responsibilities when handling sensitive data (e.g. electronic data containing Social Security numbers, PINs, passwords of any nature, health, medical and psychological records, police records and/or final grades). Hence, users must be considerate of any legal or privacy laws and business ethics when including such critical data in electronic correspondence. While Franklin University aspires to provide the highest quality computing environment, during peak periods (class project times, for example) the demand for computing resources may, at times, exceed the supply of workstations or network connections. Responsible computing requires users be sensitive to the needs of all who seek to use University resources. During such peak periods, users must limit their use of computing technology to performing only the most essential tasks. Users of open labs and user facilities must comply with the posted and published practices with regard to time limits, appropriate academic conduct, etc. Users should be aware that electronic communication has different concerns and behaviors than traditional forms of communication. Electronic information does not carry the same body language or voice inflection of regular verbal, face-to-face communication. In fact, electronic communication often requires more thought and details to ensure the intended meaning is received by the recipient of the communication.
- Responsibility for use: Computing tools are shared and often essential to the instructional, research and/or administrative functions of the University. The continued availability of these expensive and sometimes fragile resources requires they be used legitimately and treated with care and good sense. Reasonable care should be exercised when using any University computing resource. Some user recommendations are noted below:
- Users should follow PC power up and shutdown procedures to reduce maintenance and breakage,
- Users must not attempt to subvert the restrictions or mechanisms associated with their computer accounts,
- Users are responsible for the use of the computing accounts assigned to them
- Users must use their accounts only for their intended purposes
- Misuse or Unauthorized of University Resources: Users should use computing and network resources efficiently and effectively. Activities which are direct violations of Franklin University's Information Technology Student Computing and Network Resources Standards include:
- Keeping unnecessarily large files on shared systems and/or storing numerous or large files beyond the scope required for current coursework,
- Utilizing computer time and/or network services (Internet, e-mail, etc.), for unauthorized commercial or private purposes,
- Sending unauthorized or unsolicited, frivolous or excessive e-mail, including chain e-mail, scams and pyramid schemes,
- Surfing inappropriate sites on the Internet which includes the viewing of pornography,
- Use of inappropriate or unlawful material,
- Unauthorized deliberate action which damages or disrupts a computing system alters its normal performance or causes it to malfunction,
- Modification of system files,
- Downloading of any software application,
- Unauthorized dissemination of course material and/or software,
- Propagating e-mail viruses,
- Attempting to access unauthorized systems,
- Attempting to hide one’s true identity by changing one’s username or real name,
- Use of an account not owned by the assigned user,
- Unauthorized use of computing resources/facilities,
- Peer-to-peer file sharing
- Personal usage,
- Game playing,
- Theft of any University property, intellectual or otherwise.
- Passwords: Users are responsible for maintaining a secure password and for safeguarding their passwords for access to Franklin University’s resources. Individual passwords should not be printed, stored online or given to others. Users are responsible for all transactions made using their passwords. No user may access University resources with another user’s password or account. Use of pass-words does not imply an expectation of privacy.
5. Destruction/Removal of Property
Destruction, defacement, or misuse of University property is prohibited. The removal of University property from the university premises without written documentation is also prohibited. Intentionally or recklessly damaging personal or College property will result in disciplinary action.
6. Emergency Situations
The full cooperation of all students is mandated in emergency situations. Failure to cooperate with the directives of University officials or civil authorities will subject a student to University discipline.
- Fire - When a fire alarm sounds, all persons inside a building must move quickly to the nearest building exit or to the exit noted on posted emergency instructions. If no University official is present, the Department of Safety & Security Services should be contacted at Ext. 6902 or 614-374-6169 from any University phone.
- Medical - If a potentially life-threatening medical emergency arises, call 911Emergency Medical Service and notify the Department of Safety & Security Services at Ext. 6902 or 614-374-6169. Do not attempt treatment unless properly trained.
- Tornado - When information regarding tornado warnings affecting the campus area is received, University officials and the Department of Safety & Security Services will cooperate to notify campus community members. The cooperation of all persons in moving to a safe area is required.
7. Fire or Arson
Committing acts of arson, creating a fire hazard of any kind, or the use of an open flame is prohibited.
8. Firearms and Weapons
The use, storage, control, or possession of firearms, ammunition, deadly weapons or military ordnance of any kind on the University property or at University functions is expressly forbidden, including storing any said item in vehicles on campus. Firearms are defined as any gun, rifle, pistol, or handgun designed to fire bullets, BBs, pellets, or shots (including paintballs), regardless of the propellant used.
- Sworn Law Enforcement Officers, both plain clothed and uniformed officers, are permitted to carry a firearm on campus, on-duty or off-duty, if permitted by State Law and Law Enforcement Department Policy.
Other weapons are defined as any instrument of combat or any object not designed as an instrument of combat but carried for the purpose of inflicting or threatening bodily injury. Examples include, but are not limited to, knives with fixed blades or pocket knives with blades longer than three inches, razors, metal knuckles, blackjacks, hatchets, bows and arrows, nun chukkas, foils, or any explosive or incendiary device.
Possession of realistic replicas of weapons is also prohibited.
Illegal or unauthorized possession of explosives, fireworks, dangerous chemicals, or other explosive devices is not prohibited on campus and is a violation of the University’s Community Standards.
Gambling is prohibited on Franklin University premises.
10. Inducing Panic
Tampering with fire safety equipment or intentionally activating a false fire alarm is prohibited. Initiating a false report of fire, explosion, bomb threat, or other emergency that causes panic will be subject to disciplinary action and may result in civil and criminal liabilities.
Littering is prohibited on Franklin University premises.
12. Parking Regulations
University parking lots provide free parking for students while attending class or using University facilities. Parking lots are conveniently located on the campus near all University buildings. Handicapped parking is available and enforced. Students using the parking lots must register their vehicles and obtain a parking permit annually at fall trimester. All students must obey parking lot signs. Students using Franklin University parking lots when not attending classes or when not using University facilities will be subject to City of Columbus parking fines. A comprehensive description of the University’s parking policy is distributed with the issuance of each parking permit. Violators of parking rules may have their parking privileges revoked, their vehicles towed, or other sanctions may be imposed.
Solicitation by non-affiliated persons or groups is prohibited. Student organizations wishing to participate in fundraising projects must secure approval from the Dean of Students. Off-campus organizations are referred to the Dean of Students to determine on-campus solicitation or representation.
Smoking is prohibited in all University buildings. In accordance with the Ohio Revised Code (ORC) 3794.01 which took effect December 7, 2006, students may not smoke near immediate entrances or areas that would allow smoke to enter ventilation systems or building(s).
15. Student Organizations on Campus
Official and unofficial student organizations or groups found to have violated the Community Standards are subject to disciplinary action. In these instances, a group sanction could be implemented in which the entire group or organization will be held responsible for the violation and subject to sanctions.
16. Usage of Illegal Drugs or Alcohol
The University’s policy is that the unlawful use, purchase, consumption, manufacture, distribution, dispensing and/or possession of any controlled substance (drug) and/or the misuse of a prescription drug is absolutely prohibited on any University property or at any University-sponsored event. The use, purchase, consumption, manufacture, distribution, dispensing or possession of alcohol is prohibited on University property. The use of alcohol at University sponsored off campus events is prohibited unless specifically approved in writing by the University President. This includes University sponsored off-campus events.
Appearing on any University premises while intoxicated and/or while under the influence of an illegal substance is prohibited.
Violation of University policies on possession or use of alcohol and or violation of University policies on possession or use of illegal drugs, controlled substances, or drug paraphernalia is an abuse of the University’s Community Standards and is subject to disciplinary action.
Student Code of Conduct Procedure
When the Office of Community Standards receives notification of an incident of potential non-compliance with the Community Standards, a preliminary review is conducted among the Office of Community Standards staff to determine if the report contains sufficient merit to proceed as an official code of conduct case.
If the incident requires an investigation, two Resolution Officers are selected to investigate the claims of the report. The lead officer conducts interviews of all parties (such as faculty, staff and other students) as appropriate, and make a recommendation to the Primary Judicial Officer if a student conduct hearing is warranted.
If a student conduct hearing is warranted, a letter is issued to the student to contact the Office of Community Standards to schedule an appointment for a hearing. When a student contacts the Office, a time will be scheduled for the Resolution Officers and that student to meet. If the student does not respond, a second request letter is issued, repeating this process. If the student still does not respond, a judgment will be rendered without the student’s input.
All students involved in the conduct hearing process receive a letter prior to the meeting date, indicating what the student should expect during the hearing.
The student conduct hearing is held on the Franklin downtown campus (phone-based hearings are utilized if the student cannot attend in person), and is limited to the student and both Resolution Officers, the second officer serving as a note taker during the hearing.
The lead Resolution Officer conducts the Student Code of Conduct Hearings with the student. During this hearing the student is to make additional statements, provide evidence, and ask questions. Conduct hearing sessions typically lasts one hour or less.
After the conclusion of the hearing, the Resolution Officers reconvene and discuss the results of the hearing and how it impacts the facts of the case.
Within five business days, the lead officer submits their recommendations to the Office of Community Standards, including degree of responsibility and appropriate sanctions, if any.
The Primary Judicial Officer reviews the recommendations put forth by the Resolution Officers to determine the outcome. Once the outcome is determined, the Primary Judicial Officer drafts an outcome letter, which contains the judgment and sanction(s), if any, regarding the student’s involvement in the case.
Any student has the right to appeal any decision made by the Office of Community Standards. A student has fifteen days from the date of the letter in which to file an appeal of the outcome. Appeals must be based on the one of the following reasons:
- The established procedures were not followed in a significant way and as a result, the factual findings, the sanction, or both, were not correct.
- The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.
- New information is revealed, which potentially could have been impactful to the outcome if the information been presented during the administrative review. The new information must be included with the student’s request for appeal to be considered.
If the appeal does not address one or more of the above conditions, it will not be considered for review.
Appeal are to be submitted, with any supporting documentation, to email@example.com. Appeals are reviewed by Franklin University's Dean of Students or by the Dean’s designee. A complete overview of the Student Appeal process can be found under the Grievance and Appeals Process (GAP) heading within the Community Standards document at www.franklin.edu/community-standards.
The Dean of Students or the Dean’s designee may take up to 30 calendar days to review and rule on a student appeal, based on the complexity of the case and how many parties are interviewed.
After the review period, the Dean or designee will issue a final outcome letter, in which they will uphold, reverse or amend the original judgment. This judgment is final and not subject to further appeal.
The follow list includes possible sanctions that may be imposed as a result of violations of Franklin University Community Standards rules and regulations. The sanctions include, but are not limited to:
- Informal word of warning – an oral or written word of caution resulting from the student’s misconduct. No formal charges or notice is required before the issuance of an informal word of warning.
- Letter of corrective action – a written letter issued by a hearing officer resulting from the student’s misconduct and subsequent review of the circumstances. This is an official notification of unacceptable behavior and a violation of the student code of conduct
- Loss of privileges – this may include privileges such as using book vouchers, computer labs, meeting spaces, parking, Franklin email account, tutoring, proctored tests, etc.
- Restitution – reimbursement for costs of damages to a person or property or for a misappropriation of property. Restitution may take the form of appropriate services to repair or otherwise compensate for damages. Restitution may be imposed in combination with any other penalty.
- Probation – permits continuation of enrollment, but may impose certain requirements on the student for a specified period of time. Any further violations by the student under probation will likely result in progressively severe sanctions.
- Suspension – is the loss of privileges of enrollment at Franklin University for a designated period of time and prohibits a student from being present without permission on any property of Franklin University.
- Dismissal – is the permanent loss of privileges of enrollment at Franklin University and prohibits the student from ever being present without permission on any property of Franklin University.
- Deny Entry/Deny Re-Enrollment – is the permanent loss of privileges to enroll or re-enroll at Franklin University and prohibits the student from ever being present without permission on any property of Franklin University.
- Revocation of a Degree – Any degree previously conferred by the University may be revoked if the student is found to have committed academic misconduct in pursuit of that degree. The University Provost has sole authority to revoke a degree and may not delegate this authority.
Franklin University expects the highest standards of behavior and conduct of each member of the campus community. In some instances, missteps occur that are detrimental to maintaining honesty and integrity, respect of others, and the respect of the campus community. The Franklin University Grievance and Appeals Process (GAP) is an administrative process designed to provide a way for a member of our campus community to identify any instance that disrupts the academic community and request a formal review. GAP refers to the Grievance and Appeals Process. This may include but is not limited to a review of decisions, patterns of behaviors of students, faculty and staff, or policies or procedures that the community member believes created an experience inconsistent with Franklin’s high ideals and expectations and/or this experience may have disproportionately impacted the individual compared to others or involved an issue that does not have an existing path for resolution.
Franklin University’s Grievance and Appeals Process (GAP) is appropriate for:
- Complaints that a policy, procedure, or process of the University unfairly impacted the student’s academic experience.
- Appeal of a decision of a University administrator, process or procedure acting in their capacity as an employee of the University.
- Disagreement with an accommodation or inaccessibility of a program or service for students with disabilities.
- Complaints that a faculty or staff member of the University behaved in an inappropriate manner inconsistent with the ideals of the University, University standards, or policies.
- Failure of the institution to address an issue of harassment or discrimination by a member of the University Community in violation of the University’s anti-discrimination policy. Allegations of actual violations by students of the University’s anti-discrimination policy should be submitted via the Community Standards Process.
- Other complaints, grievances, or appeals that require a formal review and response by the University.
Each of these examples should be addressed through the Grievance and Appeals Process (GAP) because they include a wide range of different issues which are designed to be flexible while ensuring that parties involved are treated fairly, ethically, and impartially.
Before a GAP is initiated, every effort should be made by the individuals to resolve the issue directly when possible. This may require meeting directly with the faculty or staff member involved, and/or alternatively, meeting with that individual’s direct supervisor (e.g., Assistant Director, Lead Faculty, and/or Department Chair). This good faith effort to resolve a problem is a necessary precursor to submitting a formal GAP.
Franklin University supports the following rights for petitioners and others involved in a GAP.
Any individuals involved in a GAP:
- Has the right to a prompt investigation and resolution of the issue(s) involved.
- Has the right to a safe and productive learning environment. The University will take whatever measures it deems reasonable and feasible to protect the safety and normal operations of the campus community.
- Will be treated with dignity, respect, and fairness.
- Has a right to privacy. Information gathered in a GAP investigation will not be disclosed to others who do not have a legitimate need to know.
- Has the right for their issue to be taken seriously and allegations of misconduct or policy violation to be investigated.
- Has the right to an advisor to help prepare and be present during a meeting about the GAP.Advisors generally should be members of the campus community, and may not speak during the meeting.
- May consult an attorney; However, Franklin’s investigations and proceedings are not legal proceedings and attorneys may not be present or participate.
- Has the right to file a complaint utilizing outside agencies.
- Has the right to be free from any form of harassment, retaliation and/or intimidation of or by those involved in a GAP Proceeding.
GAP provides an avenue for members of the Franklin University Campus Community to request formal review of an issue, action or decision by an independent, third-party Resolution Officer.
Grievance and Appeals
Fundamentally, both grievances and appeals request an independent, third-party review of a dispute that has occurred in the campus community. The distinction occurs at the level in which the dispute has occurred.
A grievance is a complaint, accusation, or concern a member of the campus community has about their experiences with one or more individuals in the campus community, or by the University as a whole. It may involve a one-time occurrence (e.g., how a university policy or procedure unfairly impacted an individual), a pattern of experiences (e.g., failure of the University to address harassment or discrimination) that has had a negative impact on a community member's experience with Franklin, or a basic decision made in the normal course of operations that the petitioner believes was made capriciously or has a disparate impact on the student relative to others. Most of the GAPS submitted should be considered grievances.
An appeal is a formal request to review a formal decision or to correct an issues resulting from the original decision that has been made by a University official, board, or hearing body. Most situations in the GAP Process are actually grievances, not appeals. An example of an appeal would be that a judicial outcome through the Community Standards occurred as a result of the hearing officer not following appropriate protocol, or an appeal of a grievance previously submitted that an impacted party believes was inconsistent with the evidence. Appeals are reviews of formal decisions that have already been made and a member impacted by the decision feels as if it should be altered/reversed.
Grievance and Appeals Process
The Grievance and Appeals Process is facilitated by the Office of the Dean of Student Affairs. Within that office, the Primary Judicial Officer (Director of Community Standards) takes leadership of the GAP process and facilitates the initial review and determinations of GAP, assigns Resolution Officers, monitors progress on GAP, and reviews and approves final recommendations prior to implementation. The Primary Judicial Officer also facilitates the appeals portion of GAP, and facilitates the review and appeal decision by the Dean of Student Affairs.
Filing a Grievance or Appeal
Any member of the campus community may initiate the Franklin Grievance and Appeals Process by fully submitting a completed GAP Form with appropriate documentation.
To submit a grievance or appeal, please complete the Record of Complaint Form (GAP form)and submit it to firstname.lastname@example.org. If you need assistance in completing the GAP form, please contact the Office of Community Standards at email@example.com.
Intentionally submitting dishonest information in a GAP form could be considered a violation of the Franklin University’s Community Standards.
Once a GAP form is submitted, petitioners will be notified that the GAP has been received and is under review. Each GAP form is reviewed by the Primary Judicial Officer (Director of Community Standards) to determine merit, completeness, and if action can be taken if deemed necessary. If action is required the GAP form will be forwarded to a Resolution Officer for review which will result in recommendations to explain and/or resolve the situation. However, some GAP forms may be submitted in which clear evidence of the problem is not present, or additional information is needed before proceeding. The Primary Judicial Officer will notify the petitioner about ways that the GAP form would need to be changed or improved to meet the criteria. Final completion of the review may take up to 30-days, depending on the complexity of the issues involved.
GAPs that involve federally conferred civil rights are expedited, as are reviews submitted related to unreasonable accommodations for students with disabilities.
If an unusual situation occurs that causes a GAP to exceed 30-days, written notice via email detailing the delay and anticipated timeline to completion will be provided directly to the petitioner.
All GAP forms submitted are maintained on-file in the Dean of Student Affairs Office.
Completed GAP forms submitted for review and their outcomes will be maintained for a period of 5-years from the trimester in which the GAP form was submitted. All electronic records and documentation are maintained by the Office of the Dean of Student Affairs.
Formal GAP Process
1. Petitioner Submits GAP Form.
Petitioner submits a completed GAP form to firstname.lastname@example.org. Submitted GAP forms must be complete enough so that a personal appearance should not be necessary by the petitioner. Simply listing the grounds of the GAP forms, without description of the merits or concern for the individual case at hand is not sufficient. GAP forms should include a detailed accounting of:
- What happened, when, and who was involved.
- What occurred compared to what should have happened.
- What impact did this have on the petitioner’s experience with Franklin University.
- Supporting documentation, as appropriate.
Submitted GAP forms should be fully completed.
2. GAP Form Reviewed for Merit.
The Primary Judicial Officer (Director of Community Standards) has responsibility for managing all submitted grievances and appeals. The Dean of Student Affairs Office will review incoming GAP Forms to determine if it is suitable for this process, be subject to the Community Standards, or other processes within the Institution.
The University reserves the right to take immediate interim actions as necessary and appropriate to protect the safety and well-being of the campus and community. This includes the right to administratively suspend, dismiss, or create conditions of continued interactions with the campus community of those allegedly involved in a GAP situation, subject only to the right to request review of that decision (an appeal).
3. Grievance and/or Appeal (GAP) Assigned to Resolution Officer
Grievance and Appeals (GAP) will be assigned to Resolution Officers based on the nature of the issue and the experiences of the Resolution Officer. A Resolution Officer is an independent, outside party to the issue and can give an open and honest external review of the situation.
In selecting Resolution Officers, the following principles will be used:
- Resolution Officer should have appropriate experiences and training necessary to address the issue. For example, issues related to classroom experiences or academic issues will be generally assigned to Resolution Officers from the Colleges and Academic Affairs. Issues related to administrative functions will be assigned to a Resolution Officer with appropriate experience to be able to appropriately investigate the issue. Issues that have one or more areas of involvement will be assigned to a Resolution Officer with the most appropriate experience for the most significant portion of the issues.
- For the most ethical and objective review to occur, the Resolution Officer should be knowledgeable of, but not directly related to, the decision or issue. Generally, this means Resolution Officers should not be the direct supervisor of involved employees or have a compelling conflict of interest in the issue.
- Resolution Officers should be trained, and have broad based understanding of the Institution’s culture, norms, policies and procedures.
- Resolution Officers should have the flexibility in their current workload to address the GAP in a timely manner.
- Depending on the nature of the GAP, more than one Resolution Officer may be assigned to work corroboratively on resolving the GAP.
4. Resolution Officer Investigates Grievance and/or Appeal (GAP)
Once a resolution officer receives the GAP form, he/she will begin by reviewing the information presented in the GAP form. Generally, Resolution Officers begin their review of a GAP through a review of available information existing in the campus community, including but not limited to, language of existing policies and procedures, records and data maintained in the campus community, or precedent of other similar situations that have occurred in the past. Many GAPs can be resolved by review of these details and information.
In some instances, the Resolution Officer will need to contact the petitioner for additional details, clarification or other documentation. In other instances the Resolution Officer will need to contact the University Units or employees involved. GAPs vary and some may require meetings (by phone or in person), some may require mediation between multiple parties, and some may be administratively reviewed based on the information that already exists in the University’s data and archives. Resolution Officers have the authority to review and request meetings with as few or as many individuals, and review any documentation and records as needed to resolve the GAP.
5. Resolution Officer Recommends Actions
As a result of the investigation completed by the Resolution Officer, a proposed resolution to the Grievance and/or Appeal (GAP) is recommended to the Primary Judicial Officer (Director of Community Standards). The possible outcomes of a GAP generally fall into one of three categories:
- No Corrective Course of Action is Needed. As a result of the investigation, the Resolution Officer determines that no corrective action is needed or possible. The Petitioner is notified in writing to his/ her official Franklin email address about the process of the investigation, what was learned, and that no corrective action was recommended at this time. The outcome letter is provided to the leader of the Unit(s) involved in the GAP, and the GAP is maintained on-file.
- Moderating Action Needed, Within Dean of Student Affairs Authority. As a result of the investigation, the Resolution Officer determines that corrective action is needed to make the petitioner whole as a result of the GAP. In this category, the moderating action is directly within the scope of authority of the Dean of Student Affairs, and the Primary Judicial Officer operationalizes the corrective action. The Petitioner is notified in writing to his/her official Franklin email address about the process of the investigation, what was learned, and what corrective action will occur. The outcome letter is provided to the leader of the Unit(s) involved in the GAP, and the GAP form is maintained on-file. The primary judicial officer ensures the corrective action is completed.
- Moderating Action Needed, Outside of Dean of Student Affairs Authority. As a result of the investigation, the Resolution Officer determines that corrective action is needed to make the petitioner whole as a result of the GAP. In this category, the moderating action is outside the scope of authority of the Dean of Student Affairs. An example of this would be a permanent alteration to an existing University Policy that must be reviewed and approved through Academic Standards Committee or the Policy Review Board. In these situations, the Primary Judicial Officer works with the committee or unit responsible for implementing the recommendation. The Petitioner is notified in writing to his/her official Franklin email address about the process of the investigation, what was learned, and what corrective action was recommended. The outcome letter is provided to the leader of the Unit(s) involved in the GAP, and the GAP is maintained on-file. The Primary Judicial Officer ensures the recommended corrective action is instituted.
Appeal of GAP Outcome
The purpose of the appeal process is to ensure that the integrity of the system, not to elicit a second opinion or substitute the judgment of one person for another. Any resolution or sanction remains in force while an appeal is in process.
Appeal of a Grievance—Grievance and Appeal Process (GAP)
Anyone involved (petitioner, units or individuals with responsibility in the area under review) has the right to appeal a GAP as provided in this policy and/or other policies as appropriate.
Submission of any appeal must be submitted in writing within 15-calendar days of receipt of the decision letter.
Generally, the outcomes of a GAP review can be appealed once. Those appeals should be based on the one of the following reasons for the appeal:
- The established procedures were not followed in a significant way and as a result, the factual findings, the sanction, or both, were not correct.
- The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances. In cases in which a charged student has accepted responsibility, such appeals are limited to having the severity of the sanction reviewed.
- There is new information that would have been material to the outcome, had the information been presented at the administrative review. The new information must be included with the student’s request for appeal. Also, the student must show that the new information was not known or unavailable to the person appealing at the time of the original administrative review.
The Dean of Student Affairs will review the appeal in light of the basis to determine if petitioner has standing for the appeal, and if the appeal could substantially impact the outcome.
Please note that concern with the severity or nature of the GAP outcome is in itself not sufficient reason to appeal the GAP. The GAP Outcome is final, except as noted in the reasons for appeal above.
All appeals of a grievance-based GAP are completed by the Dean of Student Affairs, whose decisions on the outcomes of the grievance-based GAP are final.
Appeal of an Appeal-—Grievance and Appeal Process (GAP)
GAP is also used to facilitate review/ appeal of decisions/appeals as specified by other policies and procedures within the University (e.g., academic appeals). While unusual, they are often noted as a second or final appeal as specifically permitted in another university policy.
These appeals of an appeal-based GAP are completed by a Dean (Dean of one of the academic colleges or Dean of Student Affairs) as appropriate for the issue.
The decisions of the Dean (Dean of one of the academic colleges or Dean of Student Affairs) on an appeals-based GAP are final.
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