Student Conduct Disciplinary Process

I. Introduction to MIIS’ Student Discipline Process

a. Overview

MIIS strives to balance individual growth with community health and growth, through our  community expectations and general conduct standards for students, and the student discipline procedures that enforce general conduct expectations. Our discipline processes are intended to be educational, first and foremost. Where other MIIS policies specify separate procedures, those procedures will apply.

The enforcement of MIIS policies is under the oversight of the Vice-President for Academic Affairs and Dean of the Institute (VPAA/DOI), the Associate Vice-President of Student Affairs for the Institute and Schools (AVPSA), the Associate Dean of Student Services (ADSS) or their designee.  The ADSS/Designee is responsible for disseminating information on our academic honesty and general conduct policies and for establishing appropriate investigation, adjudication, and appeal procedures.  These procedures are published online at go.miis.edu/studentpolicies.  Suggested revisions may be submitted to the ADSS/Designee, the VPAA/DOI and/or the AVPSA at any time, although revisions are ordinarily implemented during the summer. 

Concerns about student behavior should be shared with the ADSS/Designee as a starting point. Concerns about student behavior in Munras Housing should be shared with the Assistant Director of Residential Life. The ADSS/Designee may refer specific behaviors to other processes, for example the TIX Investigation & Resolutions Procedure or the Non-Discrimination Investigations & Resolutions Procedure.  The ADSS/Designee administers the disciplinary procedures for both academic conduct and general conduct.  Concerns about academic integrity as well as non-academic student behavior should first be directed to the ADSS/Designee, unless they involve discrimination, in which case they should be directed first to the Civil Rights/Title IX Coordinator. 

Conduct matters are adjudicated through an Administrative Resolution process. The VPAA/DOI, AVPSA and/or the ADSS/designee has discretion to charge an appropriate administrator to adjudicate a matter.  Such circumstances may include adjudicating a matter with compelling privacy interests, such as a case of sexual exploitation, or an alleged violation of an active No Contact Order after the conclusion of a sexual misconduct, domestic violence, dating violence, or stalking (SMDVS) investigation, or adjudicating an alleged academic conduct violation during the summer when there are compelling circumstances, etc. While the adjudication process will be tailored to the circumstances of the matter, it will adhere to the principle of fundamental fairness for the parties involved. In these cases, the VPAA/DOI, the VPSA and/or ADSS/Designee may also adjust the sanctioning and appellate authority, as necessary.

If a student is assigned a sanction of official discipline for an academic violation, they may appeal that sanction to the VPAA/DOI and for a non-academic violation, to the AVPSA. 

When possible and appropriate, restorative justice may be available for both academic and non-academic issues.

II. Preliminary Issues

a. Applicability of These Procedures

Students will be held accountable for policy violations that take place between the time they begin their MIIS program and their graduation, or the Institute’s confirmation of their withdrawal or resignation.  A student respondent will not be permitted to graduate from or otherwise be deemed to have officially completed a MIIS program in which they are enrolled while a disciplinary matter is pending.

b. No Contact Orders

When a verbal or physical altercation, sexual misconduct, stalking, harassment, discrimination, retaliation, or hazing has been alleged, or when otherwise deemed appropriate under the circumstances, the VPAA/DOI, AVPSA, ADSS/Designee, Human Relations Officers (HROs), and the Civil Rights/Title IX coordinator have the authority to issue No Contact Orders to the persons involved, whether or not disciplinary action is taken. A No Contact Order is used to restrict encounters between individuals. While a No Contact Order is not a disciplinary sanction, and will not appear on a student’s disciplinary record, refusal to adhere to the order after written or verbal notification of its terms is prohibited and may result in disciplinary action.

c. Legal Proceedings and Legal Counsel

MIIS’ disciplinary action is distinct from and not dependent upon the outcome of any legal proceedings involving a student, although conduct that forms the basis for legal proceedings may also warrant disciplinary action by MIIS, and conviction of a crime may in itself justify disciplinary action.

Individual students may pursue criminal or civil legal action or be required to respond to it.  While students are enrolled in any MIIS program, they must inform MIIS if they are charged with a felony by state or federal authorities. Failure to do so may itself result in disciplinary action.

MIIS endeavors to provide general support to students involved in personal legal proceedings but has no role to play in such actions and may not interfere in them. MIIS officials and other students may, like all persons, be compelled to give testimony or evidence if subject to the subpoena power of a court.

d. Cooperation and Honesty

Consistent with MIIS’ core requirement of honesty and cooperation, students are expected to cooperate in all disciplinary proceedings, be honest and straightforward in their participation, and provide accurate information.  The provision of false or misleading information to the ADSS/Designee or other administrators may itself be grounds for disciplinary action.  Deliberate violations of this provision are considered serious offenses.

e. Principles of Fundamental Fairness

MIIS’ discipline procedures are driven by our commitment to fundamental fairness.  Among the considerations weighed by the ADSS/Designee in establishing these procedures are: (1) ensuring that MIIS’ conduct expectations are reasonable, (2) ensuring that students have reasonable notice (they know or should have known) about the conduct expectations, (3) providing that disciplinary procedures are carried out by individuals who are properly trained and authorized to act, (4) utilizing procedures that result in outcomes based on meaningful evidence, and (5) ensuring that students have notice of the charges against them, as well as an opportunity to present evidence, and (6) providing for appeals in processes that result in a sanction of official discipline. 

The Institute is not a court of law, and our disciplinary proceedings have as their fundamental goal education, rather than criminal punishment or compensation.  MIIS does not have the power to subpoena evidence or place witnesses under oath, and procedures are therefore necessarily different from a civil or criminal legal proceeding. However, the procedures outlined below and in the TIX  Investigations and Resolutions Procedure, and the Non-Discrimination Investigations and Resolutions Procedure, are designed to provide fundamental fairness and to protect students from arbitrary or capricious disciplinary action. All disciplinary authorities of MIIS, conduct their proceedings in the spirit of these principles. If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevents fundamental fairness.

III. Charges and Evidence

a. Concerns regarding student behavior may be brought to the ADSS/Designee by any individual, whether or not they are a member of the MIIS community.

b. A faculty member who believes a student has engaged in academic dishonesty shall submit a written statement of the facts supporting the charge to the ADSS/Designee. The faculty member’s statement will serve as the formal presentation of charges and therefore should be sufficiently detailed.

c. The ADSS/Designee may conduct an initial inquiry into the concern to determine whether to bring charges against a student. This inquiry may include gathering evidence, including statements from witnesses and documentary evidence, as well as other steps to understand the issue. 

d. The ADSS/Designee may have an investigative report prepared, for example by Campus Security, Information Technology Services, or other individuals, as appropriate.

e. The ADSS/Designee will ordinarily notify the student with a written statement of the charges being considered and explain how the student may provide information for consideration.

f. Formal or legal rules of evidence do not apply in MIIS disciplinary proceedings.  The ADSS/Designee is responsible for administering procedures to ensure they are based on meaningful evidence.  

Preponderance of Evidence Standard

Students will be found responsible if, in the judgment of the adjudicating Institute official, a preponderance of evidence indicates that a policy violation has occurred.

IV. Sanctions

When determining a sanction, the nature and severity of the violation and the impact to individuals or community will be considered as well as the disciplinary history of the student. While intent is not a factor in determining responsibility, it can be a factor in determining a sanction. A student’s compliance with the process may also be a factor in determining an appropriate sanction. Finally, balancing consistency by acknowledging precedent and equity by considering the impact of the sanction on the individual is a foundational tenet of sanctioning.

a. Sanctions may only be imposed for the specific charge of which the student has been notified in writing.

b. It is important to note that discipline is cumulative at MIIS, and further infractions, for example, following the successful conclusion of a probationary period, may still result in more severe outcomes.

c. Sanctions are issued by the ADSS/Designee or the appropriate administrator. The ADSS/Designee may also issue restrictions on MIIS privileges, including but not limited to participation in student life activities, clubs, or guest privileges, and assign educational sanctions, including but not limited to reparative community service, as appropriate.  Receipt of sanctions may also impact future MIIS opportunities, including but not limited to employment, leadership position selection, or approval for participation in other MIIS programs.  Students may appeal the issuance of official discipline; they may not appeal unofficial sanctions, such as warnings, reprimands, and probationary status.

d. Plagiarism, cheating, or any other violation of the Academic Honesty Policy is normally punishable by suspension. Students found guilty of academic dishonesty will normally fail the course in which the offense occurred.  On rare occasions, if compelling reasons exist for not suspending a student found guilty of academic dishonesty, the sanctioning authority may issue no less than a reprimand and invoke either of the following penalties: a 0 or an F on the piece of work, or a 0 or an F in the course.

e. A sanction of suspension or expulsion is ordinarily stayed pending the outcome of any authorized appeal. However, if the judicial authority which imposed this sanction makes a finding that imminent danger to one or more members of the MIIS community may exist, suspension or expulsion will take effect immediately regardless of the pendency of an appeal. Please also see the section Institute Initiated Leave of Absence, Emergency Withdrawal, Suspension or Expulsion in the Student Conduct Policy Overview.

f. Upon written request, the outcome of any disciplinary proceedings involving a crime of violence will be shared with the victim, or next of kin.

g. MIIS Sanctions Include (but are not limited to):

i. Unofficial MIIS Discipline: The following sanctions are unofficial MIIS discipline and not part of the student’s permanent record. Students who receive these sanctions can answer negatively if they are asked if they have been subject to official MIIS discipline. A record of the sanction remains in a student’s file until graduation when it is removed. These sanctions are taken into account in determining future disciplinary penalties and may serve to make further violations of MIIS policies more serious.

Fines or restitution: Fines or restitution are commensurate with the nature of the offense. The monetary cost of the harm done may be taken into account in assessment of a fine or an order of restitution.

Warnings: A verbal or written warning may be issued when a student has violated MIIS policy. A warning is intended to educate the student about community expectations, MIIS policies and/or state laws, and the need to adhere to them.

Reprimands: A letter of reprimand may be issued when a student demonstrates an inability or unwillingness to abide by community standards by repeatedly violating MIIS policy. A letter of reprimand may also be issued when a student has committed a violation of MIIS policy that has had or may have had a negative impact on an individual or on the community, or has undermined MIIS’ community expectations. A reprimand registers strongly MIIS’ concern regarding the student’s actions and its firm expectations for immediate improved behavior.  

Probationary Status: Students may be placed on probationary status when the number or nature of their MIIS policy violation(s) is sufficiently concerning that an additional policy violation will most likely result in official MIIS discipline (please see below).  Probationary status provides students with an opportunity to avoid this outcome. They may do so by demonstrating improved conduct, generally reflected in their sustained ability to respect community expectations and adhere to MIIS policies. If students commit new policy violations while on probation, an appropriate course of action will be determined. Considerations may include the gravity and impact of the new infraction; the student’s response during and following the new infraction; and the student’s progress during the probationary period.

ii. Official MIIS Discipline: Official MIIS discipline is intended to encourage immediate improved behavior, and acceptance of responsibility and growth by establishing this incident on the student’s permanent record. Students who receive official MIIS discipline must answer affirmatively if they are asked whether they have been subject to discipline. 

Academic Probation: Academic probation is a sanction for academic integrity violations and extends for the rest of the student’s MIIS career.  A student found guilty of academic dishonesty while on academic probation will be suspended.

Letter of Official MIIS Discipline: Students may receive a letter of official MIIS discipline when their actions have demonstrated disregard for MIIS’ community expectations and policies such that an additional infraction of MIIS policy will most likely result in suspension from MIIS.

Suspension: Suspension is issued when a student commits a serious policy violation, or repeatedly violates MIIS policy, thereby demonstrating an inability or unwillingness to behave in a manner consistent with MIIS’ community expectations.  The behavior is sufficiently egregious that the student is required to leave the MIIS community for a period of time. It is intended to encourage acceptance of responsibility and growth by establishing this incident on the student’s permanent record; to provide the student with an opportunity to consider and address the problematic behavior; and to develop strategies to ensure that the student’s eventual return to MIIS will be successful for the student and for the community.

Suspension is ordinarily imposed for a minimum of a semester and a maximum of three semesters.  In determining the length of suspension, the VPAA/DOI, the AVPSA, and/or the ADSS/Designee will consider the student’s prior conduct history; the gravity of the violation and its impact on the community; and the need for sufficient time for the student to demonstrate that the concerning behavior has been satisfactorily addressed. When the VPAA/DOI, the AVPSA and/or the ADSS/Designee feels that suspension for three semesters is insufficient to allow for a student’s successful return to the community, expulsion will be the normal outcome, barring exceptional circumstances.

If a student has been found guilty of academic dishonesty and the suspension does not take effect until the end of the semester, no opportunity may be granted to make up or otherwise fulfill the requirements of the course in question, although the student may complete all other courses in which he or she is concurrently enrolled. In this case, the course grade will be recorded as an F.  A student suspended for academic dishonesty normally may not transfer to MIIS course credits earned at other institutions during the period of suspension. However, this part of the sanction may be modified if compelling reasons warrant such action.

Students who are suspended must apply for readmission through the VPAA/DOI, the AVPSA and/or the ADSS/Designee and must demonstrate readiness to return to MIIS. Readiness to return is determined by a student’s adherence to the terms of the sanction and the deadlines of the readmission process; by the completion of any additional conditions that may have been established at the time of the student’s departure; and by the provision of satisfactory evidence that the problematic behavior will not recur. If a student is unable to demonstrate readiness to return at the stated conclusion of the period of suspension, the VPAA/DOI, the AVPSA and/or the ADSS/Designee may deny readmission until it is satisfied that the conditions that led to the student’s departure have been appropriately addressed.

Students who are suspended must leave campus; are restricted from all MIIS owned or rented properties; and are prohibited from participating in all MIIS activities or programs, from MIIS employment, and from using MIIS facilities during the stated period of the suspension. When suspension prohibits students from completing a semester they have already begun, the comprehensive fee for that semester is not refunded. For international students, suspension may affect immigration status; related questions may be directed to the Office of International Student and Scholar Services.

Expulsion: For particularly serious offenses, students may be permanently dismissed from MIIS. In cases of expulsion from MIIS, no refund of the comprehensive fee is made.

V. Appeals

a. Appeals are reviewed by MIIS authorities who did not participate in the initial determination and are trained to be impartial and free from a conflict of interest.

b. Appeals are permitted on the following bases only:

i. Discovery of significant new factual evidence not available to the initial decision-maker (does not include omission by the respondent of information or testimony).

ii. A procedural error or violation that prevented fundamental fairness.  A determination that a procedural error or violation occurred and prevented fundamental fairness may result in a new determination using the correct procedures, but a procedural error is not a factor in reducing a sanction when the appeal upholds the finding of responsibility for violating a policy. 

c. Appeal submissions that do not satisfy at least one of these bases will be denied without further process, either by the VPAA/DOI, the AVPSA or the ADSS/Designee.

d. A sanction of suspension or expulsion is ordinarily stayed pending the outcome of any appeal. However, in circumstances that satisfy the Institute Initiated Leave of Absence, Emergency Withdrawal, Suspension or Expulsion provision in the Student Conduct Policy Overview, suspension or expulsion will take effect immediately regardless of the pendency of an appeal.

e. Appeals from the Administrative Resolution procedure:

i. If the sanction is a form of official discipline the respondent may appeal the determination of responsibility to the VPAA/DOI (for academic cases) or the AVPSA (for non-academic cases) by submitting a written appeal within five business days of being notified of the determination and sanction.

ii. Appeals will follow this process:

1. The VPAA/DOI or the AVPSA may grant extensions of time for the respondent to appeal, upon request. 
2. The VPAA/DOI or the AVPSA will provide a copy of the written appeal to the ADSS/Designee, and the ADSS/Designee will provide access to the records of the case to the VPAA/DOI or the AVPSA.
3. The VPAA/DOI or the AVPSA may consult with the ADSS/Designee and any other relevant individual regarding the appeal, as appropriate. 
4. The VPAA/DOI or the AVPSA will consider whether the appeal demonstrates by a preponderance of the evidence one of the bases for further action and may require re-consideration by the initial decision-maker, to re-hear the entire matter or only a limited portion or may require re-deliberation on the sanction. 
5. The VPAA/DOI or the AVPSA will ordinarily notify the student of his/her decision within seven business days of receipt of the records of the initial determination, but this time may be extended if compelling circumstances warrant, and variation from this shall not invalidate a decision.
6. If reconsideration of some kind is required, the ADSS/Designee will take the appropriate steps to implement the decision of the VPAA/DOI or the AVPSA, as necessary.
7. Decisions of the VPAA/DOI or the AVPSA, or reconsideration of the initial determination after a successful appeal are final, and not subject to further appeal, absent extraordinary circumstances.