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:
- Violation of University policies;
- Dishonesty, including but not limited to, cheating, plagiarism, forgery, alterations, or misuse of University documents or records;
- Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other authorized University activities, including clinical experiences;
- Physical, verbal, or written abuse or intimidation of any person, implicit or explicit, or endangering the health or safety of any person;
- 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;
- Unauthorized entry, access, or use of University facilities;
- Failure to comply with directions of University officials acting in the performance of their duties, including the reasonable request for students to identify themselves;
- Possession or use of weapons, firearms or explosive devices of any description (see “Weapons” policy, Campus Policies);
- Violations of policy on alcoholic beverages and illegal substances;
- Failure to conform with stated institutional policies and procedures;
- Misrepresentation of the University and/or its policies and philosophy;
- Behavior that seriously jeopardizes the safety of others;
- Violation of California laws and regulations;
- 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 & 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.
Preamble:
All University policies that do not have their own enforcement mechanism are enforced through the Student Code. SMU expects that all members will inform themselves of the community standards.
These are SMU’s procedures and are distinguished from public law enforcement, which is the province of local, state, and federal authorities.
Each College, Department, or Program within the university may establish its own student conduct procedures to address violations of the Student Code of Conduct, tailored to the specific needs and context of their academic community, accreditation and/or licensure requirements. These localized procedures must align with the overarching principles and standards set forth by the university. In cases where a unit does not have its own established conduct process, this general university-wide Student Conduct Process and Procedure will serve as the default mechanism for addressing such matters. Additionally, even when internal procedures exist, units may choose to adopt or refer cases to the university’s general process to ensure consistency, impartiality, or timely resolution. This flexibility allows for both autonomy and alignment, ensuring that all students are treated fairly and that conduct issues are resolved efficiently and appropriately.
Purpose
The purpose of the Student Conduct Process and Procedure is to uphold the university’s core values of integrity, fairness, and accountability. This process ensures that all students are held to consistent standards of behavior that reflect the expectations of the academic community. It provides a structured and transparent framework for addressing alleged violations of the Student Code of Conduct. By promoting responsible decision-making and respectful interactions, the conduct process contributes to a safe and inclusive campus environment. Ultimately, this procedure supports the educational mission of the university by fostering a culture of ethical conduct and mutual respect among students. The university community is founded on mutual trust, respect, and consideration. We are committed to fostering an environment where individuals act with integrity, respect human dignity and cultural differences, and support each other's autonomy and rights. Members of the community are expected to be accountable for their actions, maintain confidentiality, adhere to professional ethical standards, and strive for excellence through lifelong learning and collaboration.
Scope
This procedure applies to all students enrolled at the university, including undergraduate, graduate, prelicensure and professional students, whether full-time or part-time.
Definitions
Administrative Panel: University official(s) designated to review and adjudicate conduct cases. An Administrative Panel is not limited to the members of the Dean of Students Office.
Advisor: any member of the SMU community who assists a student in responding to alleged policy violations or in participating in any judicial process. An advisor may be any student, faculty, or staff member who is not a witness in the case, or a panelist in the case Students have the right to an advisor and shall be offered an advisor by default when a matter is referred to the Dean of Students Office.
Complainant: refers to the individual(s) initiating a complaint of a violation of the Student Code. In some cases, the University may be the complainant.
Dean of Students Office: comprises of the Dean of Students, Assistant Deans of Students, and Student Service Coordinators.
Evidence: refers to information provided during a hearing by the University, complainant, or respondent that is relevant to the case and may have an impact on the decision or sanction. Evidence may be physical, verbal, or electronic (i.e., texts, web pages).
Respondent: refers to the person(s) or group cited in the complaint who allegedly violated the Student Code.
Sanction: A disciplinary action imposed as a result of a conduct violation.
SMU: an acronym standing for “Samuel Merritt University” and may be used interchangeably.
- University: means Samuel Merritt University.
Reporting a Violation
Any member of the university community may report a suspected violation. Reports must be submitted in writing via the official conduct reporting form. Reports should include:
- Date, time, and location of the incident
- Names of individuals involved
- Description of the incident
- Supporting evidence (if any)
Preliminary Review
The Dean of Students Office reviews the report to determine if it falls within the scope of the Code of Conduct. If the report is valid, the Dean of Students Office initiates a preliminary investigation. The respondent is notified in writing and provided with:
- A summary of the allegations
- A copy of the Student Code of Conduct and Code of Ethics
- Information about their rights and responsibilities, including the option to have an advisor during the process.
Investigation
The Dean of Students Office may interview witnesses, gather evidence, and consult relevant university departments. The respondent is given an opportunity to respond to the allegations and present their own evidence.
Resolution Options
Informal Resolution - For minor infractions, the Dean of Students Office may offer mediation, restorative justice, or a behavioral agreement.
- Administrative Panel Review - Required for serious or repeated violations. The case will be resolved through an administrative panel review, during which a designated panel will evaluate the available information, consider any statements or documentation submitted by the involved parties, and determine an appropriate outcome based on the preponderance of the evidence.
Determination and Sanctions
The Administrative Panel determines responsibility based on a preponderance of the evidence. If a student is found responsible, sanctions are assigned based on the severity of the violation, the student’s conduct history, and any mitigating or aggravating factors.
Examples of Sanctions
The sanctions listed in this document are intended to serve as examples and are not exhaustive. The university reserves the right to impose other appropriate sanctions, as deemed necessary, based on the nature and circumstances of each individual case.
Educational Sanctions
- Written Warning: A formal notice that the behavior was inappropriate.
- Reflection Paper: A written assignment requiring the student to reflect on their behavior and its impact.
- Workshops or Seminars: Attendance at educational programs (e.g., alcohol awareness, academic integrity).
- Community Service: Completion of a set number of service hours with an approved organization.Disciplinary Sanctions
- Conduct Probation: A period during which further violations may result in more severe sanctions, typically outlined in formal letter or behavioral contract.
- Loss of Privileges: Temporary or permanent loss of campus privileges (e.g., access to facilities, participation in student organizations, and attending social events).
- Restitution: Reimbursement for damage or loss caused by the student’s actions.
- No Contact Order: Prohibition from contacting specific individuals.Severe Sanctions
- Suspension: Temporary removal from the university for a defined period, after which the student may be reinstated.
- Expulsion: Permanent removal from the university with no option for return.
- Transcript Notation: A note on the student’s transcript indicating a conduct-related separation.Administrative Actions
- Account Hold: Prevents registration or access to transcripts until compliance with sanctions.
Appeal Process
The appeal process provides students with an opportunity to challenge the outcome of a conduct decision if they believe there was a significant error or unfairness in the original process.
In lieu of an appeal, a student may also utilize the University’s Grievance process, as outlined in the Student Handbook.
Grounds for Appeal
A student may submit an appeal based on one or more of the following grounds:
Procedural Error: A significant procedural mistake occurred that affected the outcome of the case.
New Evidence: New, relevant information has become available that was not reasonably available at the time of the original hearing.
- Disproportionate Sanction: The sanction imposed is excessively harsh or inconsistent with university precedent for similar violations.
Appeal Submission
Appeals must be submitted in writing to the Dean of Students within 5 business days of receiving the outcome letter. The written appeal should include:
The specific ground(s) for appeal
A detailed explanation supporting the appeal
- Any new evidence (if applicable)
Appeal Review Process
Initial Review: The Dean of Students reviews the appeal to determine if it meets the criteria for consideration.
Further Investigation (if needed): The Dean of Students may request additional information or clarification from involved parties.
- Decision Options:
- Uphold the original decision and sanction
- Modify the sanction
- Overturn the decision and dismiss the case
- Remand the case for a new hearing due to procedural error or new evidence
Finality of Appeal
The decision of the Dean of Students is final. No further appeals will be accepted unless otherwise stated in university policy.
Records and Confidentiality
Conduct records are maintained by the OSC and kept confidential in accordance with FERPA. Records are retained for a minimum of 7 years or longer if required by law.
Policy Review
This procedure is reviewed annually by the Dean of Students Office in consultation with Academic Affairs representatives.
Statement of Non-Retaliation
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.
- 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 Provost Executive Vice President, Academic Affairs & 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.
- 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.
- 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 Affairs may serve as a student resource during the grievance process; however, they are not voting members of the Committee.
- The SGC Chair has full operational authority to plan and conduct the meeting as they determine.
- 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.
- Committee deliberations will only be open to members of the SGC.
- 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.
- 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.
- 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, Executive 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, Executive Vice President of Academic & Student Affairs. If, at the sole discretion of the Provost, Executive 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:
A statement of the reason(s) for the request;
Identification of the University policies or regulations alleged to have been violated, if any;
All documents the student wants the SGC to consider, and
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, Executive 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, Executive 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.
Dismissal of the grievance;
Recommendation that the University uphold the decision of the academic program or Step 2 Officer;
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;
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, Executive 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, Executive 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.