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Student Rights, Code of Conduct, and Grievance Policies

Student Rights

Bay Atlantic University recognizes the importance of student rights on campus. Student Rights involve the following:

    • Freedom of expression without prejudice,
    • Freedom of academic inquiry,
    • Right to a safe and supportive campus environment,
    • Right to appeal University rulings through due
    • Membership and inclusion of all students in the BAU community, regardless of personal identity.

We as a University accept students regardless of their racial, ethnic, national, religious, or political affiliation; gender identity and sexual orientation; and physical or mental disabilities.

If you have any complaints or suggestions about our services, please fill out and email the Student Complaint Form below to [email protected] 

Student Code of Conduct

Students are expected to embrace the Code of Conduct from their start date at Bay Atlantic University until their graduation date. The University expects the students to follow BAU values through their years of academic and personal growth:

    • Commitment to academic integrity and inquiry: students are honest and strive for academic excellence, and continually express intellectual curiosity.
    • Commitment to personal integrity and growth: always behaving according to the moral principles that you believe in, and willingness to learn from different views and opinions.
    • Commitment to creating a community based on respect and support for others.
    • Commitment to inclusion of others and respect for diversity in all its forms: the belief that all people deserve to be treated equally, listened to, and given equal participation both in and outside of the classroom, regardless of:
      • their ideas and opinions, including religious or political beliefs and philosophies;
      • their personal identity and origin, including their race, ethnicity, ability, gender or sexual identity, age, social class, immigration status, or nationality; and
      • their own experiences as human beings, such as their academic and personal experiences, although they may be different from the experiences of others.

Bay Atlantic University expects students commit to the Code of Conduct, in order to create a positive education environment for all community members. Students who do not adhere to the Code of Conduct may face academic or non-academic disciplinary actions, as described below.

Non-Academic Disciplinary Process

Non- academic misconduct includes destruction of school property; any verbal or physical abuse of faculty, staff, or students, including harassment or intolerance; substance abuse; selling or distributing controlled substances on campus; unauthorized entry into any University building; unauthorized use of University computers; and violation of any state or federal laws.

Complaint Process

If a member of the University community witnesses or suspects that a student has violated the Code of Conduct through non-academic action, they will submit a written complaint to the Director of Student Services. The Director of Student Services will request a meeting with the person who brought the complaint and will investigate the allegation.

The Director will then assemble a Non-Academic Disciplinary Committee meeting.

Committee Proceedings

The Non-Academic Disciplinary Committee will be comprised of the Director of Student Services, an administrative staff, a representative of SGA, the Director of Institutional Development and Assessment, and, if applicable, the Designated School Official. The Committee first meets to review the fact-finding presented by the Director of Student Services and will subsequently hold a hearing with the accused student and the accuser and any witnesses, if necessary. The student may appeal the decision in writing within two weeks.

Punishment

Based on the severity of the violation, the Committee may choose to implement any of the following punishments: Disciplinary warning, restitution, fines, limitations on activities, disciplinary probation, postponement of activity participation and conferring honors and degrees, disciplinary suspension, or expulsion.

Disciplinary Warning

A university warning is a formal notice that the behavior or set of behaviors is inappropriate and violates the basic expectations of students as set forth by BAU. A letter of warning is placed in the student’s file and may be considered if the student engages in further inappropriate behavior.

Restitution

Restitution is compensation required of students who engage in the theft, misuse, damage or destruction of institutional, group or private property. The amount of restitution is dependent on the extent of damage as well as what is determined to be the most appropriate way for a student to make amends for the damage s/he caused. The amount, form and method of payment for restitution are decided by a Student Services Director.

Fines

For some offenses, including violations of the university alcohol and drug policies, fines may be imposed. Money collected will be used to support BAU educational programming.

Limitations on Activities

Limitations on activities are assigned because the prohibition from participation in certain activities has been determined to be in the best interest of the student and/or the university. Limitations on activities may include, but are not limited to, a fixed period of ineligibility for service as an officer or member of any university organizations or as a member of any university committees, boards or councils or as a participant in any intercollegiate activity; ineligibility to receive or maintain any award from the university; prohibition from attendance at social events; restricted entrance into various university buildings; or restriction from all forms of contact with certain person(s).

Disciplinary Probation

Disciplinary probation is a formal notice to the student that s/he has engaged in behavior that is unacceptable within the university community and that if continued or if other inappropriate behavior follows, more severe action may be taken, including the possibility of suspension or expulsion from Bay Atlantic University. Probation is for a fixed period of time that is determined by the Committee. Official notice of probation will be provided to the student and the student’s parents or guardian, if the student is a dependent, and the student’s program. Any student who is placed on university probation for a period of 16 consecutive weeks or longer will have restrictions placed on his/her participation of the governance of any student club and team for the following academic year. Any student who is placed on university probation may not be eligible to apply for or participate in a study abroad program.

Postponement of Activity Participation and Conferring of Honors and Degrees

The university reserves the right to delay or postpone the involvement of a student in any university-related activity or delay or postpone the conferring of any honor or degree during the pendency of any of the student conduct procedures or actions.

Disciplinary Suspension

Disciplinary Suspension from the university involves the exclusion of the student from participation in any academic or other activities of the university for a specified period. Written notification of this action will be provided to the student and his/her parents or guardian, if the student is a dependent, and to the student’s college. Suspension from the university further involves the following: The action of suspension will be noted on the student’s disciplinary record and academic transcript; the student will be withdrawn from all courses carried that semester according to the policy of his/her college or school; the student shall forfeit fees according to the normal refund schedule of the university; the student must refrain from visiting the university premises unless engaged in official business approved in writing by the dean of students or his/her designee; the suspension may include any other disciplinary action judged to be of value to the student.

Expulsion

Expulsion is the most serious university disciplinary action and involves the permanent exclusion of the student from the university. Expulsion involves the following: forfeiture of all rights and degrees not actually conferred at the time of the expulsion; notification of the expulsion provided to the student, the student’s program and his/her parents or guardian if the student is a dependent; permanent notation of the expulsion on the student’s disciplinary record and academic transcript; withdrawal from all courses according to the policies of the student’s college or program; and forfeiture of tuition and fees according to the university’s normal refund schedule. Any student expelled from the university must refrain from visiting the university premises unless engaged in official business approved in writing by the dean of students or his/her designee.

Non-Academic Disciplinary Reinstatement Process

A student who has been suspended or expulsed may petition for reinstatement. The petition must be in writing and directed to the Dean of Academics of the institution which initiated the charges for which the student was dismissed. Such petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one half of the suspension period in suspension cases. The Dean shall after consultation with the Disciplinary Committee adopt procedures for determining whether such petitions will be granted or denied.

Informal Adjudication

Dean of Academics shall, after consultation with the elected committee, establish institution regulations for an informal system of adjudication for cases in which the maximum penalty sought by the investigating officer does not include suspension or expulsion except that if adjudication in this manner would result in disqualifying the student for scholarship, the procedures in shall apply. The informal system shall include the following and such other provisions as are not inconsistent with this chapter:

    • Representation of the student by a person of his or her choice, including legal counsel, at his/her own expense.
      • Written notice to the student of the offense with which he/she is charged, the facts or conduct on which that charge is based, and the penalties which may possibly be imposed,
      • Advance written notice of and an opportunity for a hearing at which evidence against the student shall be reviewed and at which the student shall have an opportunity to present evidence and argument, including a written statement, to refute the charge, and
      • A written decision which shall include findings of fact and conclusions. The procedures shall also provide for an appeal of the disciplinary decision within the institution.

Formal Adjudication

If the maximum sanction sought by the investigating officer includes suspension or expulsion, the investigating officer shall cause a statement of charges to be prepared and served upon the student involved. The statement of charges shall contain:

    • A concise summary giving dates, time, place, and events of the facts or conduct on which the charge is based,
      • A citation to and quotation from the rule(s) alleged to have been violated,
      • An explanation of the consequences of failure to answer the statement of charges, and
      • Statements as to whether the university will or will not be represented by counsel and that the student may be represented by a person of his/her choice, including legal counsel, at his/her own expense 

Student Grievance Policy

The University views students as responsible citizens who are integral members of the academic community. Policies and practices pertaining to student relations and services should reflect this point of view. All University officers will make every effort to ensure that this philosophy is implemented.

It is recognized, however, that regardless of how well-intentioned people may be, complaints and misunderstandings are bound to arise. It is the purpose of the Student Grievance Procedures to ensure that these disagreements are expressed, explored, and resolved promptly and confidentially.

Applicability of Procedures

The Student Grievance Procedures shall apply to student grievances relating to the following:

    • Allegations of violations of the University policies and procedures with respect to programs, services, activities or facilities.
    • Allegations of unfair treatment from faculty, administration, staff or fellow students.
    • Claims relating to discrimination, non sex-based harassment and retaliation
    • Claims relating to Sex-Based Misconduct (including sexual assault sexual harassment, gender-based harassment, dating violence, domestic\intimate partner violence, sexual exploitation, and stalking).

Procedures

Informal

The student discusses the problem informally with a student, faculty member, a Dean, or staff member involved and where appropriate, with supervisors or administrators at sequentially higher levels. (Student may submit an informal complaint to the Director of Student Services via this form).

A student may not proceed to formal review unless informal review with those persons cited above has been exhausted.

Formal

1. If for any reason the grievance is not resolved informally to the satisfaction of the student within a reasonable period of time, the student should contact the Director of Student Services.
2. The student shall prepare and submit a formal written complaint on a form provided by the Director of the Student Services which shall serve as the basis for all further consideration.
3. The Director of Student Services shall conduct an investigation of the facts upon which the complaint is based. As soon as practicable, the Director shall notify the grievant of the results of the investigation.
4. If for any reason the student is not satisfied with the results of the investigation conducted by the Director of Student Services, he/she may ask the Director to submit the matter to the Dean of Institutional Effectiveness [hereafter referred to as the Appeal Officer] as appropriate.
5. As soon as practicable, the Director of Student Services shall:
6. prepare a statement summarizing the actions taken
7. append such statement to the student’s complaint form
8. forward the complaint form to the appropriate Appeal Officer
9. Upon receipt of the formal complaint, the Appeal Officer shall consult with the University official having authority over the area or subject matter of the grievance. Within 30 days following receipt of the complaint, the Appeal Officer shall render a decision and convey such decision to the student in writing.
10. If the student is not satisfied by the decision obtained by the Appeal Officer, he/she may ask the Appeal Officer to appeal to the President of the University or their designee on his/her behalf.
11. As soon as practicable, the Appeal Officer shall apprise the President or their designee of the details of the grievance and serve the President or their designee with a copy of the written complaint.
12. As soon as practicable after receipt of the written complaint, the President or their designee shall render a final decision which shall be conveyed in writing to the student.

If an issue of discrimination or Sex-Based Misconduct arises at any time during the course of the Student Grievance Procedure, such procedure shall be suspended pending resolution of the discrimination or Sex-Based Misconduct issue pursuant to the University’s Policy Against Discrimination, Non Sex-Based Harassment and Retaliation or the Sex-Based Misconduct Policy and Procedure, as applicable. As soon as practicable after an issue of discrimination or Sex-Based Misconduct arises, the Director of Student Services and/or the Dean of Institutional Effectiveness shall refer the matter to the University’s President for investigation pursuant to the University’s Policy Against Discrimination, Non Sex-Based Harassment and Retaliation or the Sex-Based Misconduct Policy and Procedure.

Miscellaneous General Provisions

Time Limits: All time limits contained in the foregoing procedure may be extended by mutual written by the Director of Student Services, the Appeal Officer or the President.

Confidentiality of Proceedings: The University shall take all reasonable steps to ensure the confidentiality of all proceedings, and the records produced therefrom. However, should any matter developed during the course of the proceedings become public knowledge, the University reserves the right to issue appropriate statements.

Last Resort Complaint

If a student remains unsatisfied after a formal grievance process, s/he can address these concerns in writing, as last resort, to the following Higher Education Licensure Commission of the District of Columbia and/or Accrediting Council for Independent Colleges and Schools (ACICS):

Office of the State Superintendent of Education

1050 First Street, N.E., 2nd Floor

Washington, D.C. 20002

ACICS

1350 I Street, N.W. Suite 560

Washington, D.C. 20005

Bay Atlantic University will ensure that no student will be subjected to unfair action as a result of initiating a complaint proceeding.


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