Rights as a Student Under the Family Educational Rights and Privacy Act of 1974 (FERPA)
Security, Privacy, Responsibility & Your Right to Know
The following provides important information for all undergraduate and graduate students at UMass Boston. It covers the following topics as required by the Family Educational Rights and Privacy Act (FERPA):
- Access to Your University Records
- Your Student Identification Number
- Campus Security
- Financial Aid
- Athletic Participation Statistics
- Institutional Information
- Graduation Rates
Access to Your University Records
A federal law called the Family Educational Rights and Privacy Act (FERPA) of 1974 establishes the following regulations governing access to every student’s UMass Boston records.
- This Act sets forth requirements designed to protect the privacy of parents and students with regard to access, review or release of records maintained by educational institutions.
- The Act permits current or former students to review the following documents: permanent academic record, admissions, financial, placement, veteran’s, counseling, advising and disciplinary records.
- Access to these records may also be granted to faculty and staff; your parents, if you are a student listed as a dependent on their federal income tax returns; authorized federal or state officials auditing education programs; and accrediting associations
- The following records may not be examined: parents’ financial records; medical, psychiatric or psychological records; personal files of faculty or administrative personnel; law enforcement records held by law enforcement officials.
- Directory information may be released to third parties without your written consent, provided you have been given the opportunity to withhold all such disclosure. Directory information includes your name, place of birth, major field of study, dates of attendance, degrees and awards conferred. In addition, as a public institution we must comply with any request for a list of our students. If you would like to insure that your name is not included on any list, please read the section, Your Right to Restrict Access below.
- The university has contracted with the National Student Clearinghouse to process all request for enrollment and degree verification. Anyone wishing to verify information on an individual student must contact the Clearinghouse.
- The University does not use your Social Security number as the primary identifier.
- Procedure for gaining access to records: Your request for access to a record should be made in writing to the office which maintains the record. The academic record is the only permanent record and is maintained in perpetuity. Medical records are retained by the Health Services Center for seven years. Admissions records for all applicants must be held for three years.
- Any questions and/or challenges concerning these matters should be addressed to the Vice Chancellor for Student Affairs, Fourth floor, Campus Center.
- The University discloses education records without a student’s prior written consent to University officials with legitimate educational interests in a student’s record.
- “University Official” is any individual employed by the University of Massachusetts’ (“System Office’) or one of its campuses, (the University of Massachusetts, Amherst, including the Mount Ida Campus of UMass Amherst; the University of Massachusetts, Boston; the University of Massachusetts, Dartmouth, (including its school of law, University of Massachusetts School of Law, Dartmouth); the University of Massachusetts, Lowell; the University of Massachusetts Worcester, a/k/a the University of Massachusetts Medical School,) (individually a “Campus”) who has a legitimate educational interest in the student information. These individuals include; but, are not limited to instructors; faculty; advisers; admissions counselors; academic advisers; employment placement personnel; deans; department chairpersons; individuals serving on an official committee, such as a disciplinary or grievance committee; individuals assisting a University Official; directors; law enforcement personnel; health staff; counselors; attorneys; Advancement Office employees; the president; members of the University of Massachusetts’ Board of Trustees; auditors; collection agents.
A University Official may also be an outside contractor or other agent of the University of Massachusetts’ Campus or the System Office, where the Campus or the System Office or both are outsourcing institutional services or functions, and:
- The outside contractors or other agents are under the direct control of the Campus or the System Office or both with respect to the use and maintenance of the education records; and
- The outside contractor or other agent may not disclose the information to any other party without the student’s consent, and may not use the information for any purpose other than the purpose for which the disclosure was made. In addition, further disclosures may only be made upon the prior written authorization of the respective Campus or System Office.
A University Official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University of Massachusetts.
- ‘Legitimate educational interests’ is defined as a need to know by a University official, a student’s educational record, academic status, degree status, enrollment status, student evaluations, research, curriculum evaluation or development, institutional/statistical evaluation and analysis, student placement, public safety, and admission evaluation. The University may disclose, to teachers and school officials in other schools who have legitimate educational interests in your behavior, disciplinary action taken against you for certain kinds of conduct.
Your Right to Restrict or Grant Access
You have the right, as noted in paragraph 5 above, to withhold access to your directory information from any third party. To authorize such restrictions, you should fill out a privacy request form and submit it to the One Stop, Upper Level, Campus Center. Once you have done so, a privacy flag which looks like a blue window shade will be added to your record in WISER and no information can be released without your written consent.
If you wish to grant permanent access to a third party to your WISER academic record you must complete and submit a Release of Information Form. Once access is granted it will remain in place until we receive a written request from you to remove it. Additionally you can grant a third party electronic access to your WISER record via self-service. For more information see: “Add additional user” help page.
If you wish to grant permanent access to a third party to your WISER academic record you must complete and submit a Release of Information Form. This form can be downloaded here. Once access is granted in will remain in place until we receive a written request from you to remove it.
Your Student Identification Number
On admission to UMass Boston, as noted in paragraph 6 above, the University assigns you a student identification number. That is the number which appears on your student ID card. Student ID cards are available from the Student ID office.
Financial Aid
The Office of Financial Aid Services can provide a wide range of information:
- descriptions of financial assistance programs available at UMass Boston;
- application forms and procedures;
- eligibility requirements;
- criteria for selection and for determining the amount of an award;
- standards of satisfactory academic progress;
- disbursement methods;
- loan terms;
- the conditions and terms for the employment provided as part of a student’s financial assistance package.
The handbook also includes a list of individuals to contact for information about study abroad programs that will allow you to apply for UMass Boston financial aid. The Office of Financial Aid Services can be contacted at 617.287.6300.
Campus Security
Under federal law, the Campus Crime Security Act requires colleges and universities to publish certain public safety policies and procedures, as well as the statistics recording the incidence of certain crimes on the campus.
This information can be found in the UMass Boston Student Handbook (available from the Office of the Dean of Student Affairs) or from Public Safety.
You may also call the University’s Department of Public Safety at 617.287.7799 with any questions or concerns in this area.
Institutional Information
Information about refund policies, return of Title IV assistance, and other requirements for officially withdrawing from UMass Boston is available in the UMass Boston undergraduate catalog and graduate bulletin. These publications also contain information about the case of attendance; detailed descriptions of academic programs, courses, and university facilities; faculty listings; accreditation and licensure information; and special resources and services for students with disabilities. You may request an undergraduate catalog or graduate bulletin by contacting Enrollment Information Services at 617.287.6000.
Athletic Participation
Information on the number of individuals, by gender, who participated on at least one varsity team is available each year after October 15 from the Department of Athletics at 617.287.7807.
Graduation Rates
You may request information on UMass Boston’s graduation or completion rates by contacting the Office of Institutional Research at 617.287.5420.
Financial Aid Terms and Conditions
In an effort to distribute limited funds in a fair and equitable manner, UMass Boston awards grant aid based on equity. The equity formula for grant awards is the cost of tuition + fees minus Expected Family Contribution (EFC) as calculated via the FAFSA application. Initial financial aid award packages for undergraduate students are based on the cost of 12 state supported credits each semester. Graduate student financial aid packages are based on the cost of 6 state supported credits each semester.
Award Review
At the end of the add/drop period the Financial Aid Office will place a service indicator (FEH) on student records where actual enrollment is different from the enrollment upon which the award was based. Financial Aid staff will review student award packages and adjust aid based on actual enrollment and remove the service indicator.
Students whose enrollment is less than the anticipated enrollment, as well as those enrolled in continuing education courses, may see an adjustment in financial aid awards as the costs for these courses is different than the costs upon which the original award was based. Financial Aid Services will email students regarding award changes; however students are encouraged to check WISER often to keep abreast of award offers and changes.
In addition to enrollment changes, a FEH service indicator will be placed on student records while the following is being reviewed:
- Change in residency
- Change in grade level
- Change in housing status
- Change in degree status
- Change in graduation term
Satisfactory Academic Progress
Students on probation status for satisfactory academic progress will have a FSP service indicator placed on their record to prevent disbursement of aid for periods of enrollment beyond the probationary semester. The FSP hold will be removed once satisfactory academic progress has been achieved. Students on probation are reminded that maintaining satisfactory academic progress is a federal requirement. Failure to meet the standards will result in loss of financial aid awards.
Coordination of Resources
Students receiving internal or external scholarships, stipends, assistantships or other payments toward education expenses must notify the Financial Aid Services Office.
Federal regulations require the financial aid office to coordinate internal and external awards with other need-based financial aid awards received. In situations when student financial need has been met with financial aid funds it is the university’s policy to reduce aid in the following sequence: student loans, work study, and, finally, grant aid.
University Withdrawal
Students who withdraw from the university or drop all courses after the add/drop period but before the end of the semester will be subject to federal return of Title IV, state and institutional refund calculations. These regulations determine how much of your financial aid awards are earned at the time of withdrawal.
Financial Aid Services will notify withdrawn students via mail when aid has been adjusted due to withdrawal. Prorated financial aid awards may result in a balance owed the university.
Students who withdraw from the university during the fall semester will have their aid cancelled for the spring term.
If you reenroll in the spring semester your financial aid will be reinstated based on availability of funds.
Students contemplating withdrawing from the university are strongly encouraged to speak with staff at the One-Stop, a financial aid counselor, or an academic advisor about the impact of this decision.
Return of Title IV Funds
Students earn Title IV federal financial aid by attending and participating in classes. The amount of Title IV aid a student has earned for the enrollment period is based on the percentage of time the student remains enrolled for that period. The earned percentage is calculated by dividing the numbers of days within the enrollment period by the number of days attended. Once a student earns 60%, the student is considered to have earned 100% of Title IV federal aid and no adjustments are required.
The last date of attendance (or withdrawal date) is determined by the date the student officially submits the withdrawal form to the University, or otherwise notifies the University of his/her intent to withdraw.
The calculation of Title IV funds earned by the student has no relationship to the student’s incurred institutional charges.
Federal Title IV funds will be returned in the following order:
- Federal Direct Unsubsidized Stafford Loan
- Federal Direct Subsidized Stafford Loan
- Federal Perkins Loan
- Federal PLUS Loan / Federal Graduate PLUS Loan
- Federal Pell Grant
- Federal Supplemental Educational Opportunity Grant (FSEOG)
- Federal TEACH Grant
Federal Work Study earnings are not included in the return of funds calculations. Students may not continue working once they cease attendance.
Any unearned Title IV funds required to be returned will be processed within 45 days of the student’s withdrawal date.
Unofficial Withdrawals
An unofficial withdrawal occurs when a student enrolls in courses and either never attends any courses or stops attending all courses at some point during the semester without providing official notification to the University. Students receiving Title IV federal aid who unofficially withdraw will have their aid recalculated in the same manner as an official withdrawal.
For a student who unofficially withdraws, the University determines the last date of attendance based on the student’s last date of an academically related activity. If the student never began attendance, the student must repay all financial aid disbursed.
Post Withdrawal
A student may be eligible for a post-withdrawal disbursement of federal Title IV aid if the return of funds calculation indicates the student earned more aid than was disbursed prior to the student’s withdrawal. Post-withdrawal disbursements of Title IV grants must be completed within 45 days of the student’s withdrawal date, and any loan funds accepted by the student within 180 days of the student’s withdrawal date.
Return of Non-Title IV Funds
The university will calculate return of non-Title IV funds in accordance with the appropriate state and institutional refund policy. Massachusetts state funds are calculated based on the Massachusetts Office of Student Financial Assistance (OSFA) policy guidelines.
Institutional funds will be returned on a case-by-case basis following appropriate administrator review of aid earned and balance due.
Maintaining Eligibility
Financial aid awards are offered based on the information available at the time of the award. Students are expected to maintain eligibility throughout the year. If you fail to meet federal, state or institutional eligibility criteria your awards will be cancelled.
Common eligibility failures include:
- student loan default
- non-degree status
- change in program/plan
- change in career
- course load requirements. Some financial aid programs require full-time enrollment (12 or more credits) while others require half-time enrollment (6 or more credits). Audited courses do not count toward enrollment.
On-Campus Living Proration Policy
A student who leaves the residence hall may see changes to their financial aid and/or meal plan charges. It is important to review this policy to ensure you fully understand your financial obligations.
The Office of Housing and Residential Life handles all inquiries and decisions regarding licensing agreements for room charges. They can be reached at housing@umb.edu.
Tax Implications
Grant and scholarship aid that exceeds the cost of tuition, fees, books, and required equipment may be considered taxable income. UMass Boston provides each student with a form 1098-T for the prior calendar year. This form totals the student’s institutional charges for tuition and fees as well as a total for grants and scholarships. Please refer to IRS Publication 970: Tax Benefits for Education (available at www.irs.gov) or contact a tax professional for additional information.
Academic Standards, Cheating, and Plagiarism
University Policy on Academic Standards and Cheating
The first obligation of students is to pursue conscientiously the academic objective which they have determined for themselves. Students are expected to conform to all regulations of the university, of the college in which they are enrolled, and of the classes in which they are registered. It is further expected that all examinations, tests, written papers or other assignments completed as a part of academic programs are the product of the student’s own work and effort.
This means that students may not solicit or use unauthorized material or assistance for their own benefit and may not offer or give such assistance to another student. Every written report or similar class assignment must indicate fully the sources from which the information used is obtained, and any verbatim quotations or paraphrases must be clearly indicated as such and properly credited to the source from which they were extracted or adapted.
Academic dishonesty may also involve cheating or plagiarism. Cheating is defined as the use of illegal techniques (slips, copying, signs, etc.) to convey or receive answers during examinations. Plagiarism is described and defined in the section below.
University Statement on Plagiarism and the Documentation of Written Work
The honest documentation of the student’s written work is absolutely essential. The faculty of UMass Boston expects each student’s papers to derive from the student whose name appears on them. The student who submits a paper which derives from unacknowledged sources plagiarizes by representing as her or his own the words and ideas of others. Every student, therefore, has a serious obligation to her or himself and to the university to acknowledge any joint work in the laboratory or in outside investigation. She or he must respond to examination questions on the basis of her or his own effort. Because ignorance does not excuse any violation of this basic principle—that derived writing must be clearly acknowledged—the faculty has adopted the following guidelines regarding documentation.
- In writing themes, essays, and term papers for her or his courses at UMass Boston, the student should strive to say what she or he has to say in her or his own words. She or he should carefully avoid repeating words and phrases taken from books and articles written by other people, or from internet sources.
It is often quite proper, however, to summarize or paraphrase what someone else has written on a given subject, but the student must put the summary or paraphrase in her or his own words.
The student not only should strive to put in smooth language of her or his own what someone else has written, but must also give full credit in her or his text of the writer whose ideas she or he is summarizing. Phrases like “according to Joan Smith” and “Joan Smith says” should always accompany a summary or paraphrase of another writer’s material. And in text or in a footnote the exact source (title of book or internet article), as well as author, date, and place of publication, and the page or pages from which the summary is taken) should be given.
In general, footnotes are unnecessary in short papers dealing with a single work and not deriving from a variety of sources. The student is frequently required to discuss single works in her or his themes, and in such cases it is economical and convenient to dispense with a complicated documentary apparatus and to record page numbers in parentheses in the body of the paper.
It is not necessary to document specific facts which are common knowledge. But facts and opinions which are new discoveries by the student’s sources, or debatable matters for which the student’s source is taking responsibility, must always be documented.
- On occasion the student may find it helpful to use direct quotations. It is important to observe the following rules in quoting the words of others.
The words quoted must be exactly as they appear in the original source. The reader must be informed, either in brackets or in a footnote, of even the slightest change made in the original passage. More specifically, the omission of words from a quoted passage must be indicated by three dots (…), but any punctuation contained in the original must be given in addition to the three dots (…). Any words inserted by the student into a quoted passage, by way of omitted information, must be included in square brackets. The use of italics to emphasize words and phrases not italicized in the original must also be indicated with square brackets: italics mine. When a student is quoting from a source which is in turn quoting from another source, the student must make this fact clear to the reader. The following principle governs documentation in general: The reader should know what material belongs to the author of the paper and what material belongs to her or his sources.
- There remain some questions related to documentation standards and these should be considered briefly.
One source of confusion in the documentation of written work is the degree to which a student may be responsible for acknowledging those ideas which have developed from conversation or class discussion. Here good sense and honesty are the criteria, and the student must decide how to conduct her or himself with self-respect. Any student in doubt about the independence of what she or he is writing would be wise to indicate briefly that the ideas are not her or his own. Phrases like “one of my classmates suggests” or “the conclusion reached in class was” are usually adequate for this purpose.
Again, the student may sometimes ask a typist to prepare a final copy of her or his paper, but the faculty expects that the typist has done nothing whatever materially to change the paper as written by the student. Such papers, like those the student herself or himself types, deserve careful proofreading to insure that the paper represents her or his independent work and that the copy is free of mechanical errors. Again, a student sometimes wishes to submit the same paper in two separate courses. Because it is dishonest to represent such a paper as one designed for one course alone, the student should seek the permission and approval of the instructor in each course.
- Although scholars have agreed upon certain conventions for documentation, many of which have been discussed above, the student must decide for herself or himself the frequency and extent of documentation. She or he has, therefore, a great responsibility.
She or he should document when in doubt and make unequivocally clear the distinction between what belongs to herself or himself and what belongs to others. Plagiarism may take many forms: presenting passages from the works of others as works of one’s own, the unacknowledged paraphrasing of ideas developed by another, the creation of a patchwork of phrases and ideas, often from several sources, and the uncredited use of a strikingly appropriate term resulting from another’s ingenuity (as, for instance, David Riesman’s term ‘unmerry emulative chase’ in reference to American social pressures). All of these uses are dishonest. Indeed, plagiarism is a serious offense and may be attended by severe penalties, including expulsion from the university.
Term paper corporations are illegal enterprises in the Commonwealth of Massachusetts. A person convicted of selling term papers, theses, or research papers intended to be used for academic credit may be fined not more than $100 or imprisoned for not more than six months or both.
The same penalties apply for persons convicted of taking an examination or examinations for another at an educational institution.
Students suspected of cheating and/ or plagiarism will be subject to university policies, procedures and sanctions as described in the “Code of Student Conduct,” found under “Student Rights and Responsibilities” in this section.
Administrative Withdrawal and Reinstatement
A student may be administratively withdrawn from the university, if, after due notice, the student fails to satisfy an overdue financial obligation to, or to comply with certain administrative requirements of, the campus of the University of Massachusetts at which the student is registered.
I. Conditions Warranting Administrative Withdrawal
Any of the following conditions may warrant administrative withdrawal.
A. Failure to comply with administrative requirements, specifically:
1. Failure by a student to satisfy an overdue financial obligation to the university, consisting of tuition, loans, library charges, or other student charges, including orientation, student activities, health services, child care, and other such fees as may be established from time to time.
2. Failure to comply with other administrative requirements, such as the submission of health forms, etc.
B. Forgery, fraud, or falsification of information on any official university form or document, such as Bursar’s Clearance Card, grade report, recommendations, transcripts, etc.
C. Certified physical health or mental problems of a hazardous nature.
II. Procedures for Implementing Administrative Withdrawal
A. Procedures to be applied to cases brought under the conditions of Section I.A.
1. The appropriate administrative official may recommend to the Office of the Registrar that a student be administratively withdrawn from the university.
2. The administrative official shall make his or her recommendation in writing to the Office of the Registrar, detailing his or her compliance with the following requirements:
a. The recommendation must be based on one of the grounds set forth in Section I.A.
b. The facts upon which the recommendation is based must be ascertained and stated precisely and accurately.
c. An attempt to resolve the matter must have been made by the administrative official by mailing to the student at his or her last known address a written notice of the proposed recommendation for withdrawal and the reasons therefore, such matter not having been successfully resolved within fourteen calendar days of the mailing of said notice.
3. If the Registrar is satisfied that the conditions specified in paragraph 2 of this section have been satisfied, he or she shall send a certified letter to the student at his or her last known address setting forth the recommendation for withdrawal and the reasons therefore, and notifying said student that he or she may within fourteen calendar days after said letter is mailed request a hearing on the matter with the Director. The Director shall include with the certified letter a copy of the Rules and Regulations Governing Administrative Withdrawal.
4. If the student does not request a hearing with the Director or take action satisfactory to the Director to resolve the matter within the time allotted in paragraph 3 of this section, the Director shall administratively withdraw the student from the university no sooner than the fifteenth calendar day following the mailing of the notice provided for in said paragraph.
5. If a student requests a hearing within the time allotted in paragraph 3 of this section, the Director shall schedule a hearing at the earliest practicable date. If the Director decides in favor of the administrative withdrawal, the Director shall forthwith withdraw the student.
B. Procedures to be applied to cases brought under conditions B and C of Section I.
1. The appropriate administrative official may recommend to the Administrative Withdrawal Review Committee that a student be administratively withdrawn from the university.
The administrative official shall make his or her recommendation in writing to the Administrative Withdrawal Review Committee detailing his or her compliance with the following requirements:
a. The recommendation must be based on one of the grounds set forth in Section I.B or C;
b. The facts upon which the recommendation is based must be ascertained and stated precisely and accurately;
c. An attempt to resolve the matter must have been made by the administrative official by mailing to the student at his or her last known address a written notice of the proposed recommendation for withdrawal and the reasons therefore, such matter not having been successfully resolved within fourteen calendar days of the mailing of said notice.
2. If the Administrative Withdrawal Review Committee is satisfied that the conditions specified in paragraph 2 of this section have been satisfied, it shall send a certified letter to the student at his or her last known address setting forth the recommendation for withdrawal and reasons therefore and notifying said student that he or she may within fourteen calendar days after said letter is mailed request a hearing on the matter with the Committee.
3. If the student does not request a hearing with the Committee or take action satisfactory to the Committee to resolve the matter within the time allotted in paragraph 3 of this section, the Committee shall instruct the Registrar to administratively withdraw the student no sooner than the fifteenth calendar day following the mailing of the notice provided for in said paragraph.
4. If a student requests a hearing with the Committee within the time allotted in paragraph 3 of this section, the Committee shall schedule a hearing at the earliest practicable date. The student shall have the right to testify and to present witnesses or such other evidence as may be relevant; in addition the student shall have the right to have a physician or attorney present, to cross-examine witnesses, or all of these. The Committee shall hear the case and decide whether facts exist which warrant administrative withdrawal under Section I.B or C. If the committee decides in favor of administrative withdrawal it shall submit to the student a written statement of its findings, its decision, and the conditions under which the student may be reinstated.
5. The student may appeal a decision by the Committee in favor of withdrawal to the Vice Chancellor for Student Affairs (Dean of Students) within seven calendar days of the Committee’s decision. If the student does not appeal the Committee’s decision within the seven calendar days allotted, the Committee shall instruct the Registrar to withdraw the student. If the student does appeal to the Vice Chancellor for Student Affairs within the time allotted, the Vice Chancellor or the Dean of Students shall schedule an appointment at the earliest practicable date and at that time shall confer with the student, accompanied by counsel if the student so wishes, regarding the Committee’s finding, decision, and determination of reinstatement conditions. If the Dean affirms the Committee decision, he or she shall notify the student of his or her decision, and instruct the Registrar to withdraw the student. On appeal from the student, the Dean of Students may modify the reinstatement conditions.
IV. Reinstatement
A. Reinstatement from administrative withdrawal brought under the conditions of Section I.A.
1. Any student who has been administratively withdrawn under Section I.A may make arrangements with the Registrar for the resolution of the matter. Upon such a resolution satisfactory with the Director, the Director shall forthwith reinstate the student to active enrollment status. The determination of whether a reinstated student shall receive credit for the period for which he or she was withdrawn shall be made by the instructor for each course involved.
2. A student who fails to resolve the matter in the semester during which he or she is withdrawn can be reinstated in a subsequent semester upon satisfaction of the administrative requirements at issue in the university’s withdrawal of the student.
B. Reinstatement from administrative withdrawal brought under conditions B or C of Section I.
Any student who has been administratively withdrawn under conditions B or C shall be reinstated only upon satisfaction of the conditions established by the Administrative Withdrawal Review Committee, or by the Dean of Students where the Dean has changed reinstatement conditions appealed by the student.
V. Administrative Withdrawal Review Committee
The Administrative Withdrawal Review Committee shall be appointed each year by the Chancellor. The Registrar shall not be a member of said Committee except that the Director shall sit in place of a regular member in any case wherein said regular member is the administrative official recommending withdrawal. The Committee shall be empowered to make decisions concerning administrative withdrawal as provided above.
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
The Clery Act mandates that certain crime statistics be reported on an annual basis, and that certain security policies be published at the same time.
The full report required under the Clery Act contains required crime statistics for a three-year period, as well as specific policies relating to drugs, alcohol, sexual offenses, facilities access, reporting of crimes, and the authority of UMass Boston Police. A text-only version, which may be downloaded or printed, may be found at the following web address: https://www.umb.edu/public_safety/clery_act
The report may also be requested in printed form from UMass Boston’s Department of Public Safety.
Policies on the Protection of Humans as Subjects and Institutional Animal Care and Use
All research and similar activities conducted in the name of the University of Massachusetts Boston must comply with the federal rules and regulations of the Office for Protection from Research Risks of the National Institutes of Health. The university has an institutional policy on the protection of humans as experimental subjects as well as a policy on the care and use of animals in research. These policies are overseen by the university’s Institutional Review Board; copies can be obtained from the Office of Research and Sponsored Programs.
University Policies on Intolerance, Affirmative Action, Hazing, and Non-Discrimination and Harassment
Intolerance
Resolution in Support of Pluralism
The Board of Trustees affirms its commitment to maintaining an academic environment which fosters pluralism, mutual respect, appreciation of divergent views, and awareness of the importance of individuals’ rights. To this end, we reassert the importance of civility and the valuable contribution that diversity in race, ethnicity, religion and culture brings to the university community, and therefore we strongly encourage and support racial, ethnic, cultural and religious pluralism.
Policy Against Intolerance
The Board of Trustees denounces intolerance, particularly that based on ethnicity, culture, religion, race, or sexual orientation which interferes with those rights guaranteed by law, and insists that such conduct has no place in a community of learning. We also recognize the obligation of the university to protect the rights of free inquiry and expression, and nothing in the Resolution in Support of Pluralism or the Policy Against Intolerance shall be construed or applied so as to abridge the exercise of rights under the Constitution of the United States and other Federal and State Laws.
Affirmative Action
Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and other applicable Federal and State laws, the university reaffirms its commitment to a policy of nondiscrimination and affirmative action.
Equal Employment Opportunity: The university pledges to make all decisions regarding recruitment, hiring, promotion, and all other terms and conditions of employment without discrimination on the grounds of race, color, religion, sex, national origin, age, disability, sexual orientation, or other factors which cannot lawfully be the basis for an employment decision.
Any student or employee with questions concerning this policy, or who believes that he or she has been the victim of discrimination, should be referred to the Office of Diversity, Equity, and Inclusion.
Hazing
The University of Massachusetts Boston, in compliance with Massachusetts state law, chapter 269, sections, 17, 18, and 19, and the Board of Higher Education, prohibits hazing in any form. The policy in effect at UMass Boston protects both students and employees.
“Hazing” is defined as any conduct—including methods of initiation into any campus organization—whether on public or private property, that willfully or recklessly endangers the physical or mental health of another person. Such conduct includes (but is not limited to) whipping, beating, branding, forced calisthenics, forced exposure to weather, forced consumption of food, liquid, drug, or other substance, or any other activity that is likely to adversely affect the physical health or safety of the person, and conduct that is likely to subject the person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
In addition, anyone who witnesses a hazing incident shall, to the extent possible without danger to himself or others, report the incident to an appropriate law-enforcement official as soon as is practical.
Anyone who fails to report, or is a principal offender in an occurrence of hazing, as defined by law, shall be punished by fine or by imprisonment. In addition to criminal charges, any suspected violation of this law shall be reported to the Office of the Vice Chancellor for Student Affairs for disciplinary action. Consent shall not be available as a defense to any prosecution of this action.
Non-Discrimination and Harassment Policy
Purpose
The University of Massachusetts complies with applicable state and federal laws on nondiscrimination, harassment, and retaliation including Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Act of 1994, and the Massachusetts anti-discrimination law. This policy states the University’s commitment to assure compliance.
- Introduction
This policy affirms the University of Massachusetts’ (“University’s”) commitment to provide a welcoming and respectful work and educational environment, in which all individuals within the University community may benefit from each other’s experiences and foster mutual respect and appreciation of divergent views. The University will not be tolerant of conduct which violates rights guaranteed by the law or University policies. Accordingly, the University prohibits unlawful discrimination and harassment based upon protected characteristics, and related retaliatory conduct, in accordance with state and federal non-discrimination laws, including Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Act of 1994, and the Massachusetts anti-discrimination laws.
- Policy Statement
The University prohibits unlawful discrimination, harassment (including sexual harassment), and retaliation against anyone based on religion or religious belief, color, race, marital status, veteran or military status, age, sex, gender identity or expression, sexual orientation, national origin, ethnicity, disability, genetic information, or any other legally protected class, in education, admission, access to or treatment in, its programs, services, benefits, activities, and terms and conditions of employment at the University.
- Definitions
For the purposes of this policy, the following definitions apply.
- Unlawful discrimination is conduct that is directed at a specific person or persons that subjects them to treatment that adversely affects their employment, application -426.2- for employment, education, admissions, University benefits, programs, or activities, because of their religion or religious belief, color, race, marital status, veteran or military status, age, sex (including sexual harassment), gender identity or expression, sexual orientation, national origin, ethnicity, disability, genetic information, or any other legally protected class.
- Harassment is conduct by a person or persons against another person or persons based upon their legally protected class that adversely has the effect of:
- unreasonably interfering with a person or person’s employment, educational benefits, academic grades or opportunities, or participation in University programs or activities; or
- unreasonably interfering with a person or person’s work or academic performance; or
- creating an intimidating, hostile, or offensive working or academic environment.
- Sexual Harassment is unwelcome conduct of a sexual nature when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, or participation in University programs or activities; or
- submission to or rejection of such conduct by a person or persons is used as a basis for employment or educational decisions affecting such person or persons, or participation in University programs or activities; or
- such conduct unreasonably interferes with a person or person’s work or academic performance; interferes with or limits a person or person’s ability to participate in or benefit from a work or academic program or activity; or creates an intimidating, hostile, or offensive working or academic environment.
- Retaliation is the interference through intimidation, including threats, coercion, or unlawful discrimination, with an individual’s right or privilege secured under the law [Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Act of 1994, the Massachusetts antidiscrimination laws, or other laws] or interfering with an individual’s right to make a complaint, testify, assist, or participate in any manner in an investigation, proceeding or hearing, or to intervene to prevent a violation of this policy.
Any member of the University community who engages in unlawful discrimination, harassment (including sexual harassment), or retaliation in violation of this policy may be subject to disciplinary or other action. The campuses shall develop campus policies and -426.3- complaint and investigatory procedures that will provide an equitable and prompt resolution of a complaint and make recommendations for disciplinary or other action. This policy applies to all members of the University community, including students, employees, faculty, applicants for admissions and employment, contractors, volunteers, and visitors.
- Responsibilities
Chancellors and the Senior Vice President for Administration & Finance and Treasurer for the President’s Office are directed to disseminate this policy within their communities.
- Standards
The President or designee, in consultation with the General Counsel and Senior Vice President for Administration & Finance and Treasurer, will issue administrative standards to implement this policy. Campuses shall establish campus policies and procedures, within the scope of this policy and the administrative standards.
Further Information
If you have questions or concerns about any of the guidelines and policies described above, please call the Office of the Vice Chancellor for Student Affairs.
Student Code of Conduct
The Student Conduct Policies and Procedures document is organized into:
Preamble: The University of Massachusetts Boston (“University”) is in an urban 21st Century research setting, and is therefore an inseparable part of the local community and surrounding neighborhoods. The Code of Conduct (the “Code”) is established to set clear community standards of respect for persons, property, the University community, and the process and procedures addressing unacceptable conduct in which these standards will be governed. This Code reflects the University’s mission and identity, and it exists to maintain and protect an environment conducive to learning. Consistent with that purpose, reasonable efforts will be made to take an educational approach to address violations of University policies in order to assist students in learning from their mistakes and understanding how their behavior impacts others while the University maintains the welfare of the community as a whole. The Code is set forth in writing to give students general notice of prohibited conduct. The descriptions of prohibited conduct should be read broadly and are not designed to define expectations or misconduct in exhaustive terms
Because the Code is based on shared values among members of our University community, it sets a broad range of expectations for students no matter where or when their conduct may take place. Generally, the Code is not limited to behavior within the formal boundaries of the University premises. Therefore, the University reserves the right to take necessary and appropriate action to protect the safety and well-being of the University community, to protect the continuing operation of the University, and to serve as a model representative of the greater Boston community.
Each student and Student Organization is responsible for reading, reviewing, and abiding by the standards of conduct set forth in the Code, as well as the rules, regulations, policies, and procedures contained in other official University publications and announcements. Notification of a Code violation or decision of a Code violation is issued to a student through the student’s University email account.
General Expectations
Each member of the University community enjoys the same basic rights and is expected to respect the rights of others. Those rights include but are not limited to:
- freedom from personal abuse and threats of violence;
- access to all University services, programs, and activities;
- a supportive learning environment that enables all to participate fully within the University.
Membership in the University community is a privilege for those who are invited to join. Becoming a student brings a responsibility to adhere to the values of the University community. Some of these core values include:
- Maximizing teaching and learning relationships.
- Promoting personal and professional growth.
- Fostering the University’s responsibility to the public.
- Increasing diversity and global awareness. ● Serving as an agent of social justice.
University students and student organizations, teams, and groups who breach the trust and values extended to them by violating a university policy(ies), shall be held accountable for their actions. The Code defines the responsibilities of students and provides a process for responding to allegations of student misconduct in a way that accords with the values of the University.
Part I: Student Conduct Authority
Ultimate authority for student discipline is vested in the Board of Trustees of the University of Massachusetts. Disciplinary authority is delegated to the Chancellor of the University of Massachusetts Boston, who in turn has delegated authority over student conduct to the Vice Chancellor for Student Affairs and authority for student academic dishonesty to the Provost and Vice Chancellor for Academic Affairs.
The University reserves the right to change the provisions of the Code in accordance with University policies or the law whenever such action is deemed appropriate or necessary. The University will publish such amendments in relevant campus publications and on the Office of the Dean of Students website.
Questions, comments, and suggestions, should be forwarded to the Office of the Dean of Students. The Code may be reviewed annually by the Office of the Dean of Students.
Part II: Definitions: The following selected terms are defined in an effort to facilitate a more 3 thorough understanding of The Code. This list is not intended to be a complete list of all the terms referenced in The Code that might require interpretation or clarification. The Dean of Students, or designee, shall make the final determination on the definition of any term found in The Code.
- “Administrative Conference Agreement” means the final agreement regarding violations and/or sanctions agreed upon between the Conduct Officer and the student or Student Organization.
- “Administrative Review Officer” means a University staff member who is authorized to determine the appropriate resolution of an alleged violation of The Code, conduct an Administrative Review, and/or to impose sanctions or affect other remedies, including remedial measures, as appropriate.
- “Administrative Review Committee” means one or two University Administrative Review Officers who review the investigation report submitted by the conduct officer and are responsible for issuing a formal decision in the matter
- “Advisor” means any person who accompanies a respondent, a complainant, or a victim for the limited purpose of providing support and guidance. An advisor will not directly address the Conduct Officer, or Administrative Review Officer, question witnesses, or otherwise actively participate in the Student Conduct Process, including the Appellate Process. Requests to change proposed meetings to accommodate an Advisor’s schedule will not be considered.
- “Appellate body” means any person or persons authorized by the Provost, Vice Chancellor for Student Affairs, or designee, to conduct a review of a decision reached by an the Administrative Review Committee.
- “Business day” means any day, Monday through Friday, that the University is open for regular business.
- “Coercion” is the use of an unreasonable amount of pressure to engage in sexual activity. Coercion does not begin when the initiator makes an initial sexual advance. Coercion begins when the initiator continues to pressure another, through the use of psychological/emotional pressure, alcohol, drugs, threat, intimidation, or force, to engage in sexual behavior, when a reasonable person would realize that the other does not want to engage in sexual activity.
- “Community Restitution Project” means an assignment of an appropriate service project that will benefit the University community, responsible student, or others.
- “Conduct file” means the printed/written/electronic file which may include but is not limited to incident report(s), email and written correspondence, witness statements, and discipline history. Conduct file records, including those resulting in a finding of “responsible,” for discipline and academic violations are maintained by the 4 University for a period of at least seven (7) years from the date of the incident. Records within the conduct file are subject to the protections and release provisions of the Family Educational Rights and Privacy Act (FERPA) of 1974, as it may be amended from time-to-time, as well as any other privacy or confidentiality laws applicable to the University.
- “Conduct Officer” is a staff member authorized on a case-by-case basis by designation of the Dean of Students, or their designee, to determine the appropriate resolution of an alleged violation of The Code, and/or to impose sanctions or affect other remedies as appropriate.
- “Complainant” means any person, or the University itself, who submits an allegation that a student or a Student Organization violated The Code. When a student believes that he/she has been a victim of misconduct of another student or Student Organization, the student who believes he/she has been a victim will have the same rights under The Code as are provided to the Respondent even if another member of the University community submitted the allegation itself.
- “Consent” is permission to engage in communication and/or a specific, mutuallyagreed upon sexual activity that is given freely, actively, and knowingly, using mutually understandable and unambiguous words or actions, or—in plain language— to agree to do the same thing, at the same time, in the same way, with each other.
• Consent cannot be inferred by silence, passivity, or not resisting;
• Consent cannot be implied by a current or previous dating or sexual relationship;
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity;
• Consent is not indefinite; it is revocable and may be withdrawn at any time, using words or actions such that a reasonable person would understand a lack of continued consent;
• Consent cannot be given by person who is
o Asleep;
o Incapacitated by drugs or alcohol;
o Unconscious;
o Mentally or physically incapacitated; or
o Under duress, intimidation, threat, coercion, or force.
• Consent cannot be given by a person under the age of 16.
It is the responsibility of the person seeking to initiate the sexual activity or conduct to affirmatively obtain consent, not the intended recipient of such conduct to deny such consent.
- Inability to Consent - There are a number of factors which may limit or negate a person’s ability to consent to a sexual act. These include but are not limited to age, impairment due to the influence of alcohol or drugs (illegal or prescription), an intellectual or other disability, a person’s temporary or permanent mental or 5 physical impairment, unconsciousness, fear and/or coercion.
- “Confidential Employee” is an employee who, because of his/her position, may not reveal an individual’s identity or other information without permission, even to the Title IX Coordinator(s).
The following categories of employees are confidential employees:
- Licensed sexual assault counselors, psychologists, psychotherapists, social workers, clergy, and attorneys, and those persons working under the supervision of such individuals, when acting in their professional role providing services to a patient or client;
- University employees bound by statutory privilege obligations under Massachusetts law; and
- University employees providing administrative, operational and/or related support for a confidential employee in the performance of such services.
- “Dating Violence” is abusive behavior (including, but not limited to, physical, emotional, and/or sexual acts or conduct) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined by factors such as the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.
- “Domestic Violence” is any abusive behavior (including, but not limited to, physical, emotional, and/or sexual acts or conduct) committed:
- against a person who is a current or former spouse;
- against a person with whom the abuser shares a child in common;
- against a person who is or has cohabitated with the abuser as a spouse;
- against a person similarly situated to a spouse;
- between a parent and child;
- between members of the same household in an intimate relationship; or
- against any other person similarly situated.
- “Designee” refers to a staff or faculty member who has been designated as responsible for implementing The Code of Conduct process or administering the student conduct system, in part or in whole
- “Gender Expression” refers to the external characteristics and behaviors that relate to a perception of gender, including but not limited to dress, mannerisms, speech patterns, social interactions, and body characteristics.
- “Gender Identity” refers to an individual’s internal sense of gender, which may be male or female, man or woman, or not conforming to those binary genders. A person’s 6 gender identity may be different or the same as the person’s sex assigned at birth.
- “Good Academic Standing” is a student who maintains a cumulative Grade Point Average (GPA) over 2.0.
https://www.umb.edu/academics/caps/moreinfo/academic/standing
- “Good Disciplinary Standing” is a student who is not currently on probation. Students who are not in good disciplinary standing may be prevented from participation in University-sponsored events and activities.
- “Guest” means a non-student who is associated with or an invitee of a student and/or Student Organization.
- “Harassment” is conduct by a person or persons against another person or persons based on their legally protected class that adversely has the effect of:
- Unreasonably interfering with a person or person’s employment, educational benefits, academic grades or opportunities, or participation in University programs or activites; or
- Unreasonably interefering with a person or person’s work or academic performance; or
- Creating an intimidating, hostile, or offensive working or academic environment
- “Incident database” means the electronic database used to track an incident and the response taken.
- “Instructor” means any faculty member, teaching assistant, graduate assistant, or any other person authorized by the University to provide educational services and who have the professional responsibility and authority to maintain control and order in instructional settings, which include but are not limited to classrooms, libraries, group meetings, tutorials, lab sessions, office hours, field work, and off-campus venues. This extends to the virtual classroom of email, chat rooms, telephony, and web activities associated with courses.
- “Interim Administrative Action” means an immediate restriction taken against a student or Student Organization prior to resolution of student’s alleged violation, including when information is received.
- “Intrusion of Privacy” is photographing, videotaping, filming, digitally recording, or by any other means secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. Unauthorized storing, sharing, and/or distribution is also prohibited. This does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or authorized university officials. These provisions may not be utilized to impinge upon the lawful exercise of constitutionally protected 7 rights of freedom of speech or assembly.
- “Incapacitation” is the physical and/or mental inability, whether temporary or permanent, of an individual to make rational, reasonable decisions, or judgments regarding one’s well-being or welfare. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Incapacitation may result from the voluntary or involuntary consumption of alcohol and/or other drugs. Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. For purposes of this Policy a person is not incapacitated merely because the person has been drinking or using drugs. The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards. In evaluating whether a person was incapacitated for purposes of evaluating effective consent, the University will consider: (1) whether the person initiating the sexual activity knew that their partner was incapacitated; and if not (2) whether a reasonable person in the same situation would have known that their partner was incapacitated; and (3) whether the person initiating the sexual activity played a role in creating the circumstances of incapacity.
- “May” is used in the permissive sense.
- “Member of the University Community” includes any person who is a student, instructor, or University employee; any person who works (directly or indirectly (e.g., a vendor)), resides, or receives University services on University premises or in connection with its programs or activities; and may include visitors to University premises. A person’s status in a particular situation shall be determined by the Associate Dean of Students.
- “The Office of the Dean of Students” refers to the professionals in Student Affairs, designated by the Vice Chancellor, to be responsible for the overall coordination of the University student conduct system, including the development of policies, procedures, and education and training programs. The members of the Dean of Students Office may serve a Conduct Officers, Administrative Review Officer, and/or an appellate body.
- “Official Form of Communication” Please know that a student’s UMass Boston email address serves as the official form of communication with the University and students.
- “Policy” is defined as any written policy, procedure, standard, regulation, rule or expectation adopted by the University, as the same may be amended, modified or replaced from time to time.
- “Preponderance of the Evidence” The Standard of Proof used to determine the outcome of a complaint is a preponderance of the evidence, which means that it is more likely than not based on all the reasonable evidence and reasonable inferences 8 from the evidence, that a policy or the Code was violated
- “Privacy Employee” is an employee designated by the University as a “Privacy Employee.” These individuals have privacy responsibilities that supersede their obligations under Title IX. These employees should not disclose a client or patient’s confidence, even to the Title IX Coordinator(s). These individuals include:
a. licensed treating physicians (and those persons working under the supervision of these individuals) when acting in his or her professional role in the provision of services to a patient who is a University student or employee and any University employee providing administrative, operational, and/or related support for such treating physician in their performance of such services.
The system office and each campus shall designate Privacy Employees. The obligations of the designated Privacy Employees shall be published for the University community.
- “Rape” is any penetration of any orifice, no matter how slight, by any object, including any body part without consent. This may be committed by force, threat, intimidation, coercion, or through exploitation of another’s mental or physical condition (such as incapacitation) of which the responding party knew or reasonably should have known.
- “Respondent” means a student who, or Student Organization which, may be charged for violating The Code or policy.
- “Responsible Employee” is an employee (a) who, because of his/her position, must report known or possible incidents of sexual violence or any other sexual misconduct by students or employees, including the known details of the incident and the name(s) of alleged victim(s) and Respondent(s), to the Title IX Coordinator(s) or other appropriate school designee; or (b) who has the authority to take action to redress sexual harassment/misconduct; or (c) whom a student reasonably believes has this authority or duty. Campus police officers are Responsible Employees; but, see exception for public safety personnel.
- “Retaliation” is the interference through intimidation, including threats, coercion, or unlawful discrimination, with an individual’s right or privilege secured under the law (Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Act of 1994, the Massachusetts AntiDiscrimination laws, or other laws) or interfering with an individual’s right to make a complaint, testify, assist, or participate in any manner in an investigation, proceeding or hearing, or to intervene to prevent a violation of this policy.
- “Sanction” means a requirement a student or Student Organization must abide by or complete when found responsible for violating The Code.
- “Sexual Assault” is broadly defined as any sexual activity that is forced, coerced, or unwanted.
- “Sexual Exploitation” is taking sexual advantage of another person without his or her consent. Sexual exploitation includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such other person; causing the prostitution of another person; recording, photographing, or transmitting identifiable images of private sexual activity and/or the intimate parts of another person; allowing third parties to observe private sexual acts; and engaging in voyeurism.
- “Sexual Harassment” is unwelcome verbal, non-verbal, and/or physical conduct of a sexual nature.
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; and/or
- submission to, or rejection of, such conduct by an individual is used as a basis for academic or employment decisions affecting that individual; and/or
- such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating a sexually intimidating, hostile, or offensive employment, educational, or living environment.
- “Sexual Violence” is any physical sexual act or activity engaged in without the consent of the other individual, including when the other individual is unable to consent to the act or activity. (See also definition for Consent.)
- “Shall” and “Will” are used in the imperative sense.
- “Stalking” is any course of conduct (more than one act) directed at a specific person (directly, indirectly, through a third party, or other means) that places that person in reasonable fear for his or her safety or the safety of others.
- “Student” means any person who has been admitted to, registered or enrolled in, or attends, attended, or attending the University, any University course, or University conducted program.
- “Student Organization” means an association or group of persons, including, but not limited to, any Student Organization, team, or club, that has complied with the formal requirements for University recognition or are recognized by the University.
- “Student Organization Representative” means the president, or designee, chosen by the Student Organization officers to participate in the Student Conduct Process on behalf of the Student Organization.
- “Undesignated Employee” is an employee who is not designated as a Responsible Employee, a Confidential Employee, or a Privacy Employee. Undesignated 10 employees are encouraged to practice bystander awareness and to report any incidents of abuse or sexual misconduct to the Title IX coordinator(s).
- “University” means the University of Massachusetts Boston.
- “University official” includes any person authorized by the University to perform administrative, instructional, or professional duties.
- “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, either solely or in conjunction with another entity or person.
- “Witness” means any person with knowledge pertaining to an alleged violation of The Code by a student or Student Organization.
Part III: Proscribed Conduct
The Code applies to students and Student Organizations.
- Jurisdiction of the University
- Each student shall be responsible for his/her conduct from the time of admission and/or registration through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if his/her conduct is not discovered until after a degree is awarded). The Code shall apply to a student’s conduct even if the student withdraws from the University while a student conduct matter is pending.
- Generally, University jurisdiction shall be limited to conduct that occurs on or about University premises or in connection with University-sponsored, University supervised or University-affiliated events, programs, and activities (including students involved with off-campus internships, study abroad programs, the virtual classroom of email, chat rooms, conferences, telephony, and web activities associated with courses). This jurisdiction also extends to unrecognized Student Organizations. However, the University reserves the right to apply The Code to students whose misconduct has a direct and distinct adverse impact on the University community, its members, and/or the pursuit of its objectives regardless of where such conduct may incur. Should the Dean of Student’s office reasonably determine that a particular alleged act of off campus misconduct falls within the jurisdiction of the University, the case will be referred to the University student conduct system. The Dean of Students will provide a report to the Faculty Counsel each Academic Year regarding the frequency of these situations
- University student conduct proceedings may be instituted against any student charged with conduct that potentially violates The Code. Student’s alleged conduct may also result in criminal prosecution or civil liability. In cases where there are criminal proceedings, The Code may be carried out prior to or simultaneously with civil or criminal proceedings at the discretion of the Office of the Dean of Students. The University cooperates with law enforcement, or other agencies, in the enforcement of laws on campus and in regard to its students. This includes providing information requested by subpoena or as otherwise permitted by law.
Determinations made or sanctions imposed under The Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
- Sexual violence, including but not limited to, sexual assault and sexual exploitation, dating violence, domestic violence, stalking, sexual harassment, are prohibited and adjudicated under The Code of Conduct.
- Discrimination and discriminatory harassment are prohibited by the University of Massachusetts Non-Discrimination Policy. (https://www.umb.edu/odi)
- Generally, the influence of drugs and/or alcohol on a student’s judgment or behavior will not be accepted as a mitigating factor with respect to the resolution of an act of misconduct.
- Students are responsible for the consequences of their actions even when the conduct may have been influenced by their physical or emotional state (irrespective of any medical or clinical diagnoses).
- Students are responsible for the contents of their residence hall rooms, cars, lockers, club spaces, or person if they are aware of their contents, regardless of claims of personal ownership. Students may also be held responsible for shared common areas. Students need not be present or notified when an authorized inspection (including a warrant, or the Residence Life Agreement) is conducted.
- Students and Student Organizations are responsible for the conduct of their guests and should be with guests at all times when on campus or at University-sponsored events.
- If an incident report involves more than one charged student, or if there is more than one incident involving the same student, the Office of the Dean of Students, or designee, in his/her discretion, may determine whether an Administrative Conference and/or Investigation concerning each incident may be conducted either separately or jointly.
- Student Organizations.
- Student Organizations may be held accountable under The Code for the Student Organization’s misconduct and/or for the misconduct of any one or more of its leaders, members, guests, or other representatives, when on campus, or at a University-sponsored event. This includes hosting a non-student who commits a violation.
- The Student Organization must designate one Student Organization Representative by written notice to the Office of the Dean of Students, or designee, within three (3) days of being sent notice of alleged violations of The Code. The Student Organization Representative will represent the Student Organization during the Student Conduct process.
- Review of allegations of misconduct of individual student members will be determined under The Code prior to determination of Student Organization alleged violations.
- Student Organizations are prohibited from conducting their own disciplinary proceedings prior to resolution of alleged violations of The Code.
- Nothing in The Code shall preclude holding students who are members of a Student Organization responsible for their individual violations of The Code committed in the context of or in association with the Student Organization’s alleged violation of The Code. Both the Student Organization and individual students may be found responsible for violations of The Code in connection with the same behavior.
- The Student Organization Representative is required to notify the Student Organization’s advisor of any alleged violations of The Code and any sanctions imposed.
- Conduct Rules and Regulations
Students and Student Organizations must uphold The Code and obey University policies, rules, and procedures as well as federal, state, and local laws. The Office of the Dean of Students, or designee, shall make the final determination on what constitutes a potential violation of The Code and shall establish the specific behavioral allegations(s) as appropriate.
Good Samaritan Procedures
The University of Massachusetts Boston considers the safety and personal well-being of members of the University community a priority. The University recognizes that there may be alcohol or drug-related medical emergencies or other safety emergencies in which the potential for disciplinary action could act as a deterrent to students who want to seek assistance for themselves or others. To promote reporting of such instances, the University has created A Good Samaritan Procedure. For more information, please see Appendix A.
Amnesty for Students Involved in allegations of Sexual Harassment, Sexual Violence, Dating Violence, Domestic Violence, and Stalking
The University has a special concern for incidents which involve sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation. Such incidents damage not only individuals, but also the free and open academic environment of the University.
Additionally, there is an awareness that students might not report such incidences out of concern that they, or witnesses, might be charged with violations of the Universities’ policies. While the University does not condone such behavior, it places a priority on the need to address sexual violence and harassment. Accordingly, the University may elect not to pursue discipline violations against a student who, in good faith, reports, witnesses or possesses personal knowledge of sexual violence, harassment, gender-based harassment, domestic violence, dating violence, stalking, or retaliation.
Prohibited Conduct
The following list of behaviors is intended to represent the types of acts that constitute violations of The Code. Although the list is extensive, it should not be regarded as all-inclusive. All students are responsible for knowing and observing all Policies.
- Acts of dishonesty including, but not limited to: furnishing false information; forgery, alteration, or misuse of any document, record, or instrument of identification; or misrepresenting oneself as another. This may also include Academic Integrity Violations for more information on the Academic Integrity Policy, please see Appendeix B.
- Disruptive behavior which is defined as participating in or inciting others to participate in the disruption or obstruction of any University activity, including, but not limited to: teaching, research, events, administration, student conduct proceedings, the living/learning environment, or other University activities, on or off campus. See Instructional Setting Conduct Policy here https://www.umb.edu/faculty_staff
- Harming behavior, which includes, but is not limited to: the threat of or actual physical assault or abuse, and also includes harassment. For the purposes of The Student Code, bullying is considered a form of harassment.
Harassment is conduct by another person or persons against another person or persons based upon their legally protected class that adversely has the effect of:
a. Unreasonably interfering with a person or person’s employment, educational benefits, academic grades or opportunities, or participation in the University programs or activities; or
b. Unreasonably interfering with a person or person’s work or academic performance; or
c. Creating an intimidating, hostile, or offensive working or academic environment.
Examples of harassment include, but are not limited to, the repeated use of written, oral or electronic communication, or a physical act or gesture by one or more individuals, repeatedly directed at another individual that: (i) causes physical or emotional harm or damage to property, (ii) places the target of such behavior in reasonable fear of harm to self, or of damage to property, (iii) creates a hostile environment or otherwise infringes on the rights of such individual or (iv) substantially disrupts the education process. Harassment may also include, but not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, or by association with an individual or group who has or is perceived to have one or more of such characteristics.
In determining whether an act constitutes harassment, The Office of the Dean of Students will consider the full context of any given incident, giving due consideration to the protection of the members of the University community, and the individual rights, freedom of speech, academic freedom, and advocacy required by law. Please note that not every act that might be offensive to an individual or a group necessarily will be considered a violation of The Code.
- Discriminatory behavior. For further information regarding this policy, please see the University’s Nondiscrimination and Harassment Policy, available at (https://www.umb.edu/odi)
- Retaliation is the interference through intimidation, including threats, coercion, or unlawful discrimination, with an individual’s right or privilege secured under the law (Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Act of 1994, the Massachusetts Anti-Discrimination laws, or other laws) or interfering with an individual’s right to make a complaint, testify, assist, or participate in any manner in an investigation, proceeding or hearing, or to intervene to prevent a violation of this policy.
- Sexual Violence is any physical sexual act or activity engaged in without the consent of the other individual, including when the other individual is unable to consent to the act or activity (see also, consent). The following are forms of Sexual Violence and violations of The Code of Conduct:
- Rape is any penetration of any bodily orifice, no matter how slight, by any object, including any body part without consent. This may be committed by force, threat, intimidation, coercion, or through exploitation of another’s mental or physical condition (such as incapacitation) of which the responding party knew or reasonably should have known
- Sexual Assault is broadly defined as any sexual activity that is forced, coerced, or unwanted.
- Sexual Exploitation is taking sexual advantage of another person without their consent. Sexual exploitation includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such other person; causing the prostitution of another person; recording photographing or transmitting identifiable images of private sexual activity and/or the intimate parts of another person; allowing third parties to observe private sexual acts; and engaging in voyeurism.
- Incest is sexual intercourse between persons who are related to each other and whose marriage would be prohibited by law. Attempts to commit incest are also prohibited.
- Statutory Rape is sexual intercourse with a person who is under the statutory age of consent, which is 16 in Massachusetts. Attempts to commit statutory rape are also prohibited
- Aiding in the Commission of Act(s) of Sexual Violence is prohibited. Examples, include but are not limited to:
- Videotaping a friend having sex with a person who has passed out at a party;
- Helping a friend to drug the friend’s drink; and
- Encouraging students to engage in sexual activity when one knows those students to be incapacitated by drugs or alcohol
Definition of Terms:
- Coercion is the use of an unreasonable amount of pressure to engage in sexual activity. Coercion does not begin when the initiator makes an initial sexual advance. Coercion begins when the initiator continues to pressure another, through the use of psychological/emotional pressure, alcohol, drugs, threat, intimidation, or force, to engage in sexual behavior, when a reasonable person would realize that the other does not want to engage in sexual activity.
- Consent is permission to engage in communication and/or a specific, mutuallyagreed upon sexual activity that is given freely, actively, and knowingly, using mutually understandable and unambiguous words or actions, or—in plain language—to agree to do the same thing, at the same time, in the same way, with each other.
- Consent cannot be inferred by silence, passivity, or not resisting;
- Consent cannot be implied by a current or previous dating or sexual relationship;
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity;
- Consent is not indefinite; it is revocable and may be withdrawn at any time, using words or actions such that a reasonable person would understand a lack of continued consent;
- Consent cannot be given by person who is
- Asleep
- Incapacitated by drugs or alcohol;
- Unconscious;
- Mentally or physically incapacitated; or
- Under duress, intimidation, threat, coercion, or force.
- Consent cannot be given by a person under the age of 16.
It is the responsibility of the person seeking to initiate the sexual activity or conduct to affirmatively obtain consent, not the intended recipient of such conduct to deny such consent.
- Incapacitation is the physical and/or mental inability, whether temporary or permanent, of an individual to make rational, reasonable decisions, or judgments regarding one’s well-being or welfare. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Incapacitation may result from the voluntary or involuntary consumption of alcohol and/or other drugs. Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. For purposes of this Policy a person is not incapacitated merely because the person has been drinking or using drugs. The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards. In evaluating whether a person was incapacitated for purposes of evaluating effective consent, the University will consider: (1) whether the person initiating the sexual activity knew that their partner was incapacitated; and if not (2) whether a reasonable person in the same situation would have known that their partner was incapacitated; and (3) whether the person initiating the sexual activity played a role in creating the circumstances of incapacity.
- Sexual Harassment is unwelcome conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, or participate in University programs or activities; or (b) submission to or rejection of such conduct by a person or persons is used as a basis for employment or educational decisions affecting such person or persons, or participation in University programs or activities; or (c) such conduct unreasonably interferes with a person or person’s work or academic performance; interferes with or limits a person or person’s ability to participate in or benefit from a work or academic program or activity; or creates an intimidating, hostile, or offensive working or academic environment.
- Dating Violence is abusive behavior (including, but not limited to, physical, emotional, and/or sexual acts or conduct) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined by factors such as the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved.
- Domestic Violence is any abusive behavior (including, but not limited to, physical, emotional, and/or sexual acts or conduct) committed:
- Against a person who is a current or former spouse;
- Against a person with whom the abuser shares a child in common;
- Against a person who is or has cohabitated with the abuser as a spouse;
- Against a person similarly situated to a spouse;
- Between a parent and a child;
- Between members of the same household in an intimate relationship; or
- Against any other person similarly situated
- Stalking is any course of conduct (more than one act) directed at a specific person (directly, indirectly, through a third party or other means) that places that person in reasonable fear for their safety or the safety of others.
For further information regarding Retaliatory Harassment, Sexual Violence, Sexual Harassment, Dating Violence, Domestic Violence, and Stalking, including examples, reporting options, confidential resources, confidentiality request, interim measures, and additional rights, please see the Student Procedures Regarding Sexual Violence and Harassment (umb.edu/sexualrespect)
- Endangering behavior which includes, but is not limited to, conduct that poses a substantial threat of harm or endangers the health or safety of any person including one’s self, or is severely disputative to others.
- Hazing is any conduct or method of initiation, admission into, or as a condition of membership into any group, organization or Student Organization as defined under this Code, or maintaining membership in a group, organization, or Student Organization, which willfully or recklessly endangers the physical or mental health or safety of any student or other person. Consent to hazing will not be a defense under this Code. Examples of such behavior include but are not limited to sexual or gender humiliation, any other brutal treatment or forced physical activity which is likely to adversely affect the physical health of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation or forced violation of the law or University policy.
- Failure to abide by the Alcohol Policy. Notwithstanding the Alcohol Policies, specific violations include:
- Being a student, under the age of 21, not engaged in an employment or other permissive activity, in the presence of an alcohol container on campus, excluding University-sponsored events.
- Possession, or use, of alcohol by a student under the age of 21.
- Serving, distributing, or obtaining alcohol for, or allowing consumption by, any individual who is under 21 years of age.
- Possession, use, sale, or distribution of a false identification card, or other false age or identity verification form.
- Alcohol is not permitted in the Residence Halls, or on campus without prior written approval.
- Commercial delivery of alcoholic beverages to the campus is prohibited.
- Any alcohol stronger than 80 proof, outside of a research facility, is not permitted on campus.
- Drinking games are prohibited. Paraphernalia used to administer drinking games or assist the user in ingesting alcohol at a fast rate are a violation of The Code. This includes, but is not limited to, funnels and beer pong. Such paraphernalia may not be maintained on University property and will be confiscated if discovered.
- Common source containers containing alcohol are prohibited. This includes, but is not limited to kegs, beer balls, and/or punch bowls being used to serve alcohol.
- Public intoxication is prohibited.
- Public consumption of alcoholic beverages or possession of an open container of alcohol in an area not authorized by University Officials, is prohibited in public.
- Operation of a motor vehicle which contains alcohol by a student under the age of 21, regardless of the age of any passenger, is prohibited.
- Use of alcoholic beverages to render another person physically or emotionally incapacitated is prohibited.
- Operation of a vehicle under the influence of alcohol on campus or off campus is prohibited.
- Failure to abide by the Drug Free Policy. Notwithstanding the Drug Free Policies, specific violations include:
- The possession, use, cultivation, manufacture, or distribution, of illegal drugs, narcotics, or controlled substances, or attempts to commit the same, is prohibited. This includes the use or possession of legally prescribed drugs which fall outside the parameters of the medical prescription.
- Being under the influence of illegal drugs, narcotics, or controlled substances is prohibited.
- Being a student knowingly in the presence of illegal drugs, narcotics, or controlled substances is prohibited.
- The use of drugs to render another person physically or emotionally incapacitated is strictly prohibited.
- The possession, use, sale, or distribution of drug paraphernalia is strictly prohibited.
- Operating a vehicle while under the influence of drugs on campus or off campus is prohibited (exception: the use of medication prescribed by a doctor in accordance with such prescription).
While Massachusetts state law permits the use of medical and recreational cannabis, federal law prohibits cannabis[1] use, possession, distribution, and/or cultivation at educational institutions. Therefore, the use, possession, distribution, or cultivation of cannabis for medical or recreational purposes is not allowed in any University of Massachusetts Boston residence hall or on any other premises; nor is it allowed at any University-sponsored event or activity off campus or any Student Organization event or activity. Anyone who possesses or uses cannabis at any University premises may be subject to civil citation, state or federal prosecution, and University discipline.
In addition, no accommodations will be made for any student in possession of a medical cannabis registration card (i.e. medical marijuana card) except that University of Massachusetts Boston may release students from their occupancy license if approved as a reasonable accommodation for a documented disability requiring use or possession of cannabis for medical purposes.
- Failure to abide by the Tobacco Free Policy
(https://www.umb.edu/life_on_campus/tobaccofree)
- Possession, storing, carrying, or use of any weapon, ammunition, or explosive, as defined by Mass. General Laws, ch. 269, Section 10, et. Seq. by any person is prohibited on all University premises except by authorized law enforcement officers and other persons specifically authorized by the University. Examples include, but are not limited to, firearms, BB guns, air soft guns, any knife with a locking blade, any knife having a double-edged blade, any knife having an automatic spring released device by which the blade is released from the handle, a blade of over one and one-half inches, a nunchaku, etc.
- Uncooperative behavior which includes, but is not limited to: failure to comply with the directions of, providing false information, and/or failure to identify oneself to University officials or law enforcement officers acting in the performance of their duties. This includes failing to provide student identification when asked by University Officials.
- Creating a fire hazard or a situation that endangers others such as arson; the unauthorized or improper possession, use, removal, or disabling of fire safety equipment and warning devices; failure to follow fire safety procedures or instructions; or interference with firefighting equipment or personnel.
- False reporting of fire, bombs, or other emergency situations.
- Assisting another person or a Student Organization in the commission, or attempted commission, of a violation of The Code. This includes hosting a non-student who commits a violation.
- Conduct that is lewd or indecent such as public urination, public defecation, streaking, stripping, or solicitation of a stripper.
- Violation of published University policies, rules, or regulations.
- Violation of the Resident Handbook and or License Agreement
- Theft, which includes, but is not limited to, attempted or actual theft or unauthorized use or possession of property, resources, or services.
- Forcible entry or unauthorized entry and/or presence in buildings or property, or attempts to commit the same. Reasonable notice of authority, or lack thereof, shall be given.
- Damage or misuse of property which includes, but is not limited to, attempted or actual damage to or misuse of University property or other personal or public property as well as actions which obstruct, disrupt, or physically interfere with the use of University equipment (including safety and security equipment) or premises.
- Unauthorized possession, duplication, or misuse of University property or other personal or public property, including but not limited to records, electronic files, telecommunications systems, forms of identification, and keys.
- Violation of federal, state, or local law or conduct that would violate the legal rights of others.
- Failure to abide by the Gambling and Bookmaking Policy.
(https://www.umb.edu/editor_uploads/images/campus_center/University_Space_Use __Policy_Updated_9.7.17.pdf)
- Failure to abide by the Solicitation Policy.
(https://www.umb.edu/editor_uploads/images/campus_center/University_Space_Use __Policy_Updated_9.7.17.pdf)
- Failure to abide by the Responsible Use of Information Technology Policy.
(https://www.umb.edu/it/policies/acceptable_use)
- Failure to maintain a hygienic living and learning environment which has a significant impact on the community.
- Unauthorized use of the University name, logo, mascot, or other symbol.
- Abuse of the University Student Conduct system, including, but not limited to:
- Disruption or interference with the orderly conduct of a Student Conduct proceeding.
- Falsification, distortion, or misrepresentation of information to a conduct officer or Administrative Review Committee.
- Influencing or attempting to influence another person to commit an abuse of the Student Conduct system.
- Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct system.
- Attempting to intimidate or retaliate against a member of a review body, a Complainant, Respondent, or witness, prior to, during, and/or after a Student Conduct proceeding.
- Institution of a Student Conduct proceeding in bad faith.
- Failure to comply with the sanction(s) imposed under The Code.
- Intrusion of Privacy, meaning the attempted use or actual use of electronic devices that invade a person’s privacy. This includes but is not limited to: photographing, videotaping, filming, digitally recording, or by any other means secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. Unauthorized storing, sharing, and/or distribution is also prohibited. This does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or authorized university officials. These provisions may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly.
Additionally, Massachusetts Law, prohibits private citizens from secretly recording others, or possessing a device with the intent to secretly record, or disclosing the contents of a secret recording. Please be aware that academic settings, including, but not limited to, the classroom, labs, office hours, and instructional space, are deemed a place in which there is an expectation of privacy, unless previously agreed upon.
- Continued participation in any Student Organization activities, including but not limited to, meetings or acceptance of new members, during any period that a Student Organization is subject to a Loss of Recognition, is not recognized by the University or other conduct in violation of a sanction imposed on a Student Organization
Part IV: Student Conduct Procedures The following procedures are the procedures followed to adjudicate all violations of The Code.
Incidences Involving allegations of Sexual Harassment, Sexual Violence, Dating Violence, Domestic Violence, and Stalking: In addition to the complaint procedures outlined below, the Dean of Students or designee, will provide both the Complainant and Respondent information provided in the University of Massachusetts Boston Procedures Regarding Sexual Violence and Sexual Harassment (umb.edu/sexualrespect)
Conduct Officers may involve or seek input from other University Officials in any or all parts of the student conduct procedures as they deem appropriate, such as University Officials from the Office of Student Involvement & Leadership or the Department of Athletics and Recreation with respect to Student Organization Respondents.
- Allegations
- Any person may file a report regarding any student or Student Organization alleging misconduct. To initiate the Student Conduct Process, reports shall be prepared in writing and directed to the Office of the Dean of Students or to a designee. A report should be submitted as soon as possible after the alleged misconduct takes place.
- The Office of the Dean of Students, or designee, shall determine if a complaint alleges or addresses a potential violation of The Code and will notify the Respondent within five (5) business days after receiving information regarding such allegations. The decision to continue a complaint through the Student Conduct Process is the decision of the Office of the Dean of Students, or designee.
- Generally, the Office of the Dean of Students, or designee, will assign a Conduct Officer(s) to the case who will investigate, schedule a conference with the Respondent(s) and other individuals as deemed necessary and appropriate.
- The Office of the Dean of Students, or designee, will determine what testimony, witnesses, or other information is relevant and may exclude information or witnesses that are deemed immaterial and/or irrelevant.
- The Office of the Dean of Students, or designee, may consult with the Office of Student Involvement and Leadership, the Department of Athletics and other relevant University Officials regarding allegations regarding Student Organizations or that imply Student Organization involvement.
- Informal Resolution/Educational Conference
- The Office of the Dean of Students, or designee, reserves the right to schedule an informal resolution/educational conference to discuss the behavior of students and its impact on the mission of the University. Conferences may result in an action plan agreed on by all parties to address the behavior. If the action plan is not honored, the university reserves the right to initiate a formal review under The Code.
- Examples of incidents that may be adjudicated by an Educational Conference include, but are not limited to: minor disruptions and/or educational or behavioral concerns.
- Educational conferences are typically scheduled within ten (10) business days upon receipt of a report of a potential violation of The Code.
- Adjudication by Letter
- The Office of the Dean of Students, or designee, shall determine the appropriateness of adjudicating an incident by letter. In such cases, a student shall receive an emailed letter from the Conduct Officer outlining the violations, findings of responsibility, and sanctions within five (5) business days from receipt of notification of alleged violation.
- Student will have the opportunity to appeal said findings and sanctions within three (3) business days. Appeal form can be found here: umb.edu/maxient
- If students choose not to appeal the decision communicated by letter, the findings and sanctions will be considered final.
- Examples of incidents that may be adjudicated by letter include, but are not limited to: off-campus incidents, violations of the Residence Hall Agreement, and minor alcohol/drug offences.
- Administrative Conference
- The Administrative Conference is a meeting between a Respondent and a Conduct Officer to review a complaint/incident, explain the Student Conduct Process, and possible options for resolving the matter.
- Typically, students will be notified of an Administrative Conference within five (5) business days upon receipt of report of alleged violation.
- After reviewing the incident with the Respondent, the Conduct Officer will determine appropriate allegation(s) and/or violation(s), if any, and whether or not the situation may be resolved by way of an Administrative Conference Agreement or by an Investigation/Administrative Review. Respondents can also request an Investigation/Administrative Review. Requests for an Investigation/Administrative Review will typically be granted.
- If the Respondent does not schedule or attend a conference by the date specified, or if the Respondent schedules a conference, but does not attend or attends but does not participate, the incident may be referred to an Investigation/Administrative Review.
- If the Conduct Officer and Respondent are able to resolve the incident regarding the allegation(s) and/or violation(s), but not the sanctions, the matter shall be referred to an Investigation/Administrative Review for Sanctions.
- A Respondent who agrees to resolve any allegation(s) and/or violation(s), and/or sanctions at an Administrative Conference shall have no right to appeal.
- Investigation/Administrative Review for Allegations and/or Violations:
- If a situation cannot be resolved in an Administrative Conference, an investigation will be conducted by the Conduct Officer.
- If the Respondent does not schedule or attend a conference by the date specified, or if the Respondent schedules a conference, but does not attend or attends but does not participate, the Conduct Officer may complete the investigation based on the information obtained. This includes the use of police investigation reports.
- The Complainant, any alleged victim, and the Respondent shall each have the right to:
- Be notified of all alleged allegation(s) and/or violation(s). This will be performed through the University email system. Notifications of Student Organization
Respondents will be done through the University email system to the president of the Student Organization (for notice of allegations) and the Student Organization Representative thereafter. Students and Student Organization leaders and Representatives are responsible for checking their University email and following the instructions contained within the email.
- Review any written complaint(s) submitted in support of the allegation(s) and/or violation(s).
- Be informed about the Student Conduct Process and/or any other process.
- Submit a written account or present a personal statement regarding the incident. The decision to not present information is not an admission of responsibility and will not be considered as such. A Student Organization Representative may submit one statement regarding the incident on behalf of the Student Organization.
- Present relevant information, including names of witnesses, questions for witnesses (including the individual reporting the misconduct), and other documentation regarding the incident.
- Be accompanied by one advisor during any conduct meeting in which the student or Student Organization is participating. A student or Student Organization should select an advisor of their choice whose schedule allows attendance at the scheduled date and time for the meeting(s) because delays will not be allowed due to the scheduling conflicts of an advisor.
- Receive upon written request, at the conclusion of the investigation and appropriate review, a copy of the Conduct Officer’s report, to the extent permitted by law.
- Present a personal and/or community impact statement regarding potential sanctioning to the Administrative Review Officer(s). A Student Organization Representative may submit one statement on behalf of the Student Organization.
- Under certain circumstance, appeal the decision
- For cases involving Sexual Harassment, Sexual Violence, Dating Violence, Domestic Violence, and Stalking, the complainant and responding student have the additional rights provided below.
The University will notify Complainants alleging sexual violence, sexual harassment, gender- based harassment, domestic violence, dating violence, stalking and/or retaliation in writing that they have the following rights:
a. to an explanation of the options available;
b. to referrals to confidential assistance and support services from both on- and off-campus resources, including 24-hour services;
c. to a change in on-campus residence and/or an adjustment to their academic schedule if such changes are reasonably available;
d. to request that the University impose no contact/communication orders or other interim measures;
e. to make a complaint that starts the University’s investigation and resolution processes;
f. to a prompt, thorough and equitable investigation and resolution of a complaint;
g. to an advisor of one’s choice who will assist and be present at any time during the investigation proceedings, but who may not participate in or otherwise provide representation in any way throughout the process;
h. to reasonable accommodations for a documented disability during the process;
i. to know, in advance, the names of all persons known to be involved;
j. not to have irrelevant sexual history discussed;
k. to be present at meetings and review documents;
l. to speak and present information on one’s own behalf;
m. to submit questions for the Investigator and/or the Administrative Review Committee to ask witnesses and/or the Respondent;
n. to know the status of the case at any point during the process;
o. to be informed of the outcome of the process in a timely manner;
p. to an appeal from the outcome of the process;
q. to choose whether or not to initiate a formal investigation of the complaint, unless the University deems it necessary to investigate to protect the safety of the community or in compliance with applicable law; to the confidentiality of the investigation process to the extent possible (see Privacy and Confidentiality at Section V);
r. to file no complaint with the University, but receive support services from the University;
s. to file a police report and/or take legal action separate from and/or in addition to the University discipline process;
t. to seek and enforce a no-contact, restraining or similar court order;
u. to be assisted by the University in seeking assistance from or filing a complaint with local law enforcement;
v. to not file a complaint or seek assistance from local law enforcement, but receive support services from the University;
w. to be free from any behavior that may be construed by the University to be intimidating, harassing or retaliatory; and
x. to have the matter handled in accordance with University Policy and Procedure.
Respondents to claims of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation have the following rights:
a. to an explanation of the allegations against them;
b. to referrals to confidential assistance and support services from both on- and off-campus resources, including 24-hour services;
c. to receive a copy of the complaint filed against them;
d. to be presumed not in violation of University policy until a violation is established through the complaint investigation process;
e. to the confidentiality of the investigation process to the extent possible (seePrivacy and Confidentiality at Section G);
f. to an advisor of one’s choice who will assist and be present at any time during the investigation proceedings, but who may not participate in or otherwise provide representation in any way throughout the process;
g. to reasonable accommodations for a documented disability during the process;
h. to know, in advance, the names of all persons known to be involved;
i. not to have irrelevant sexual history discussed;
j. to be present at meetings and review documents;
k. to speak and present information on one’s own behalf;
l. to submit questions for the Investigator and/or the Administrative Review Committee to ask witnesses and/or the Complainant;
m. to know the status of the case at any point during the investigation and resolution process;
n. to be informed of the outcome of the process in a timely manner;
o. to an appeal from the outcome of the process;
p. to be free from any behavior that may be construed by the University to be intimidating, harassing or retaliatory; and
q. to have the matter handled in accordance with University Policy
- Upon completion of the investigation, the Conduct Officer will attempt to meet with the Respondent to review the findings of the investigation, including a report containing the factual findings based on a preponderance of evidence standard, a determination of responsibility, and relevant communications and meeting notes. If there is a finding of “responsible,” the Conduct Officer will also review the recommended sanctions. The student will then have five (5) business days to respond to the findings and recommended sanctions contained in the Findings Report. The student will also be encouraged to submit a Community Impact Statement. The Conduct Officer will also notify Complainant and review findings of the investigation. Complainant will have five (5) business days to respond, including submission of a Community Impact Statement. A Student Organization Representative may submit one statement on behalf of the Student Organization.
- Upon the conclusion of five (5) business days, the Conduct Officer will submit to the Office of the Dean of Students, or designee, the findings report as well as the response from Respondent and Complainant.
- Within ten (10) business days, an Administrative Review Committee, comprised of one or two Administrative Review Officers will be assigned to review the report and the parties’ written responses to its findings, minus the recommendation regarding any disciplinary action and issue a formal decision regarding findings of responsibility. In cases where the sanction may include suspension or expulsion, including cases involving allegations of sexual harassment, sexual violence, dating violence, domestic violence, and stalking, the Administrative Review Committee will hold a hearing at which it may ask questions of either or both parties, and any witnesses. In addition, questions may be presented to the Administrative Review Committee by the complainant and respondent for the Administrative Review Committee to ask witnesses, complainant, or respondent. Whether or not the questions presented by the complainant or respondent are asked by the Administrative Review Committee shall be at the discretion of the Administrative Review Committee. The Administrative Review Committee may adopt the Conduct Officer’s report, consult with the Conduct Officer, request that further investigation be done by the same or another Conduct Officer (including questioning of the parties), or request that the investigation be conducted again by another Conduct Officer. The Administrative Review Committee may not, however, conduct its own investigation.
- If there is a finding that the Respondent has violated The Code, the Administrative Review Officers will review the Respondent’s academic transcript and conduct history, if one exists, the recommendations regarding any disciplinary action, and any submitted personal and/or community impact statements.
- Once the Administrative Review Committee has completed its review on findings and sanctions, the Conduct Officer shall send the final report to the Office of the Dean of Students, or designee within three (3) business days. The Respondent will be notified in an emailed letter of the findings and imposed sanctions within three (3) business days. The Complainant will be notified in writing of any sanction that has a direct impact on him/her if permitted or required by law within three (3) business days. Upon written request, a copy of this report shall be made available to the Respondent, alleged victim, and Complainant if permitted or required by law. The Respondent, the alleged victim, and the Complainant will be simultaneously notified of the factual finding(s) in writing if permitted or required by law.
- Administrative Review for Sanctions:
- If the Conduct Officer and Respondent are able to resolve the incident regarding the allegation(s) and/or violation(s), but not the sanctions, the Conduct Officer’s report and the Investigation/Administrative Review shall focus on the sanctions.
- The Complainant, any alleged victim, and the Respondent shall each have the right to:
- Be informed about the Student Conduct Process.
- Receive upon written request, at the conclusion of the investigation and appropriate review, a copy of the investigator’s report, to the extent permitted by law.
- Present a personal and/or community impact statement regarding potential sanctioning to the review officer(s). A Student Organization Representative may submit one statement on behalf of the Student Organization.
- Upon completion of the Conduct Officer’s report, the Conduct Officer will submit to the Office of the Dean of Students, or designee, a report containing factual findings based on a preponderance of evidence standard, a determination of responsibility (typically, a signed agreement where the Respondent has taken responsibility for the allegation(s) and/or violation(s)), and a recommendation regarding any disciplinary action that may be appropriate.
- Within ten (10) business days, one or two Administrative Review Officers will be assigned to review the report and issue a formal decision regarding sanctioning. The Administrative Review Officers will review the Respondent’s academic transcript and conduct history, if one exists, and any submitted personal and/or community impact statements. The Respondent will be notified in writing of the findings and imposed sanctions. The Complainant will be notified in writing of any sanction that has a direct impact on him/her as permitted or required by law.
- Once the Administrative Review Committee has completed its review on findings and sanctions, the Conduct Officer shall send the final report to the Office of the Dean of Students, or designee within three (3) business days. The Respondent will be notified in an emailed letter of the findings and imposed sanctions within three (3) business days. The Complainant will be notified in writing of any sanction that has a direct impact on him/her if permitted or required by law within three (3) business days. Upon written request, a copy of this report shall be made available to the Respondent, alleged victim, and Complainant if permitted or required by law. The Respondent, the alleged victim, and the Complainant will be simultaneously notified of the factual finding(s) in writing if permitted or required by law.
- Determination of Facts Relative to an Alleged Violation
- The standard used in determining whether or not the Respondent violated The Code, is a preponderance of the evidence (whether it is more likely than not that a violation occurred).
- Sanctions
- If the Respondent is found responsible for violating The Code, appropriate sanctions will be imposed. Sanctions are determined by considering the nature of the misconduct, precedent regarding such misconduct, the Respondent’s conduct history, Respondent’s present demeanor, the community impact statements, and/or mitigating or aggravating factors. With respect to Respondents that are Student Organizations, Student Conduct Officers will obtain recommendations of, and other applicable University departments and offices and may also include a review of, the conduct history of the Student Organization, including individual members of the Student Organization.
- Sanctions for students found responsible for violations involving sexual harassment, sexual violence, domestic violence, dating violence, or stalking, include, but are not limited to: warning, disciplinary probation, loss of privileges, relocation of residence, restriction from facilities or activities, temporary or permanent residence hall suspension, fines and/or restitution, disciplinary hold, assessment, educational program or project, revocation of admission or degree, withholding of degree, probation, suspension, expulsion,
- The University has a special concern for incidents in which persons are mistreated because of race, gender, disability, age, marital status, religion, color, national origin, sexual orientation, gender identity, gender expression, veteran status, genetic information, or other personal characteristic. Such incidents damage not only individuals, but also the free and open academic environment of the University.
- Some University policies specify sanctions for violations. See individual policies for sanctions required, if any.
- A campus department, separate from the Office of the Dean of Students, may place a restriction on a student or Student Organization found responsible for violating The Code.
- In addition to other mitigating and aggravating factors considered in connection with imposing sanctions, additional factors may be considered with respect to Student Organizations including, but not limited to:
- The role of leaders and the seniority of the members of the Student Organization involved in the behavior supporting the violation;
- Whether leaders had knowledge of the misconduct before or while it occurred and failed to take corrective action;
- The number of members of the Student Organization involved in the behavior supporting the violation and the extent to which members acted in concert in connection with such behavior;
- Whether the leaders of the Student Organization self-reported the behavior underlying the violation;
- The extent to which the Student Organization leaders and members cooperated, responded honestly to questions, and accepted responsibility for the behavior underlying the violation;
- The misconduct involves a violation of the University’s Hazing Policy, Alcohol Policy, Drug Free Policy, or violation of law.
- The following sanctions may be imposed, individually or in various combinations, on any student found to have violated The Code. In the interest of creating a clear and transparent policy, the following list establishes the potential sanctions that the University may impose to address first-time violations of specific behavior. Please See Appendix C.
Sanctions will be determined based on the nature, severity, and impact of the violations, and they will be imposed in progressive levels. Please note that this is not an exhaustive list of sanctions:
- Expulsion: Permanent separation of the student from the University. A student who has been expelled is prohibited from participating in any University activity or program. The individual may not be in or on any University premises. Students found in violation of this restriction, including attempts to enter lands or buildings of the University, will be subject to immediate arrest for trespassing under Massachusetts General Law (M.G.L.) M.G.L. c. 266, s. 120. Please be aware that the student’s academic record may be updated to reflect an expulsion, including any grade change which might be assigned.
- Suspension: University Suspension is a separation from the University for a designated period of time. Students who are suspended from the University are restricted from all University premises and activities, including but not limited to, course registration, class attendance, participation in co-curricular activities, and University housing. Students found in violation of this restriction, including attempts to enter lands or buildings of the University, will be subject to immediate arrest for trespassing under M.G.L. c. 266, s. 120. Please be aware that the student’s academic record may be updated to reflect a suspension, including any grade change which might be assigned. Students who have been separated from the University for a period of time must apply for re-admission to the University and also meet with the Office of the Dean of Students, or designee, two weeks prior or earlier to the next registration period for which the student is eligible to review any outstanding sanctions and the readmission process.
- Probation: Probation is a set period of time during which the Respondent is given the opportunity to modify unacceptable behavior, to complete specific assignments, and to demonstrate a positive contribution to the University community in an effort to regain student privileges within the University community. Please be aware there is the possibility of University Suspension or University Expulsion if the student is found responsible for a subsequent violation or Loss of Recognition with respect to a Student Organization found responsible for a subsequent violation. Additionally, as students and organizations which are on probation are not considered to be in good disciplinary standing with the University, this may impact their ability to participate in intercollegiate athletics, represent the University, student leadership positions, study abroad opportunities, extracurricular, and/or residence life activities.
- Warning: A written notice that the Respondent has violated University policy or The Code and a warning that another violation will likely result in more severe sanctions which could include University Probation, Temporary or Permanent Residence Hall Suspension, University Suspension, or University Expulsion, or Loss of Recognition with respect to a Student Organization.
- Permanent Residence Hall Suspension: Permanent separation of the student from the residence halls.
- Temporary Residence Hall Suspension: Temporary separation of the student from the residence halls for a specific period of time, after which the student may reapply for housing. Reapplication for housing does not guarantee immediate placement. Conditions for returning to the residence halls may be specified.
- Deferred Residence Hall Suspension: A period of time in with the Respondent will be subject to removal from the residence hall for any additional documentation. A Respondent on Deferred Residence Hall Suspension will not be eligible to apply for housing.
- Housing Probation: A period of time during which the Respondent may be subject to removal from the residence halls if there is an additional documentation.
- Relocation of Residence: Required assignment to another residence area.
- Loss of Privileges: Denial of specified privileges for a designated period of time.
- Restriction: Denial of access to any campus facility, activity, class, or program. This includes No Contact Orders.
- Fines: Financial sanction.
- Disciplinary Hold: A hold may be placed on a student’s account. This may impact the student’s ability to register for classes, obtain certain academic records, or register for housing.
- Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service or monetary or material replacement.
- Community Restitution Project: Assignment of an appropriate service project that will benefit the University community, responsible student, or others.
- Assessment: A student may be referred to an appropriate office or local agency for consultation or assessment. These may include Alcohol and Other Drug (AOD) Assessments and Anger Assessments.
- Educational Program/Project: Participation in a health or safety program (the student may be required to pay a fee), seminar, and other assignments as warranted.
- Revocation of Admission or Degree: Admission to the University or revocation of a degree awarded from the University may be revoked for fraud, misrepresentation, or another violation of The Code in obtaining the degree or for other serious violations committed by a student after admission or prior to graduation.
- Withholding Degree: The University may withhold awarding a degree otherwise earned until the completion of the disciplinary process set forth in The Code, including the completion of all sanctions imposed, if any.
- The following sanctions may be imposed upon any Student Organizations found to have violated The Code. Please note that this is not an exhaustive list of sanctions:
- Those sanctions listed above.
- Loss of Recognition: Loss of all University privileges for a designated period of time. Loss of recognition for more than two consecutive semesters requires a Student Organization to reapply for University recognition. Conditions for future recognition may be specified. Students may not continue to participate or associate in a Student Organization or accept further members during any Loss of Recognition.
- Disciplinary Hold. A hold may be placed on the Student Organization’s ability to use all or specified University privileges.
- Appeals
- A decision reached through an Administrative Conference cannot be appealed.
- In regard to violations of Sexual Harassment, Sexual Violence, Dating Violence, Domestic Violence and Stalking, both the complainant and the respondent have the right to file an appeal.
- A decision reached through the Administrative Review Committee may be appealed by the Respondent(s) or Complainant(s) or victim(s), when legally appropriate, to an appellate body board within five (5) business days of the decision. Only the Student Organization Representative may submit an appeal on behalf of a Student Organization Respondent.
- All appeals shall be submitted through the online form found here: umb.edu/maxient
- The appeal form must state the reasons for the appeal and provide information as to the basis of the appeal.
- Except as required to explain the basis of new information, an appeal shall be limited to a review of the investigation report and review findings. The review shall be for one or more of the following purposes:
- If the student can demonstrate new and significant evidence that would substantially alter the findings of fact, not previously known to the appellant that has been discovered, and is newly available during the appeals process. The new evidence could not have been discovered through the exercise of reasonable diligence, and the absence of which was sufficient to materially affect the outcome.
- If the student can demonstrate that significant procedural errors of The Code process occurred that were substantial enough to effectively and detrimentally affect the outcome.
- If an appeal is upheld by the appellate body, the matter shall either be referred to the original Administrative Review Committee to allow reconsideration of the original determination or the appellate body will determine any change. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
- All parties to an appeal will promptly receive simultaneous written notice of the outcome of the appeal.
- Accommodations for Students with Disabilities
- Students with disabilities must be afforded an equal opportunity to participate in, and benefit from, all postsecondary education programs and activities. This includes any course of study, or activity offered. Rules or polices which would limit students with disabilities from participating fully in a program or activity may not be imposed. Academic standards should not be compromised, but accommodations must be provided, on a case-by-case basis, to afford qualified students with disabilities an equal education opportunity. Faculty members should not provide academic accommodations without approval from the Ross Center for Disability Services. Instead, faculty members should refer those students seeking accommodations to the Ross Center. Faulty handbooks containing detailed information on faculty responsibilities and rights are available at the Ross Center. One may contact the Ross Center at 617-287-7430.
- A student with a disability who desires an accommodation regarding an Educational Conference, Administrative Conference, Administrative Review, or Appeal Meeting must request an accommodation by following the procedure for requesting an accommodation through the Ross Center. The Ross Center will make a determination regarding the request and notify the appropriate parties. A student will not be considered to have a disability unless and until the student registers with the Disabilities Resources Office. Please contact the Ross Center to obtain for further information.
Part V: Interim Administrative Action
- The Vice Chancellor for Student Affairs, or designee, may impose an interim “University Suspension,” an interim “Removal from Housing,” an interim “Loss of Recognition,” and/or other necessary restrictions on a Respondent prior to or during an Administrative Review of the Respondent’s alleged violation. Such action may be taken when, based on the information provided and in the professional judgment of a University official, a threat of harm to persons or property exists, or to protect the safety of any person.
- Interim administrative action is not a sanction. It is taken in an effort to protect the safety and well-being of the Complainant, Respondent, other members of the University Community, the University, or property. Interim administrative action is preliminary in nature; it is in effect only until an Administrative Review has been completed. However, violations of interim administrative action may result in additional violations and sanctions including University Suspension, University Expulsion, or Loss of Recognition.
Part VI: Maintenance and Review of Conduct Files
- Student conduct files are deemed educational records and are maintained separately from any other academic or official file at the University by the Dean of Students or designee. Generally, information from the files is not released without the written consent of the student. However, certain information may be provided without a student’s prior consent to individuals within the University who have a legitimate legal or educational interest in obtaining it, and to individuals outside the University under certain circumstances. (Please refer to the Family Educational Rights and Privacy Act section of the Student Handbook for further information)
- In the discretion of the University, sanctions of “Suspension” and “Expulsion” may be noted on the student’s official transcript. A suspension may be noted until graduation or seven (7) years following the end of the period of suspension, whichever occurs first. An expulsion may be noted permanently.
- A student conduct file is maintained chronologically by incident date and then by Respondent. A student may have more than one file. Generally, a Conduct File, including related documents, will be kept seven (7) years from the date of the incident. The student conduct file of an expelled student shall be retained indefinitely. Information contained in the incident database is maintained for seven (7) years from the date of the incident.
- In situations involving both a respondent and student who believes he/she was victim of a student’s misconduct, the records of the process, if any, will be considered to be the educational records of both the charged student and the student who believes himself/herself to be the victim because the educational career and chances of success in the academic community of each may be impacted.
- Records of student conduct actions are maintained in the Office of the Dean of Students in compliance with the Family Educational Rights and Privacy Act (“FERPA”). See below link
https://www.umb.edu/life_on_campus/policies/student_right_to_review_university_records
Part VII: Interpretation and Revision
- Any questions of interpretation regarding The Code shall be referred to the Office of the Dean of Students, or designee, for determination. The Dean of Students’, or designee’s, determination is final.
- The Code shall be reviewed at least every three (3) years under the direction of the Vice Chancellor for Student Affairs. Substantive revisions shall be approved by the processes established by the University.
- Questions, comments, and suggestions should be forwarded to the Office of the Dean of Students. The Code may be reviewed annually by the Office of the Dean of Students.
Appendix A: University Massachusetts Boston Good Samaritan Procedures
The University of Massachusetts Boston (UMB) is dedicated to maintaining a safe and healthy community for our students. As such, The Code of Conduct reflects these priorities by prohibiting the use of substances in manner that is dangerous and/or unlawful.
The Good Samaritan Procedures serve as a supplement to The Code of Conduct and UMB’s Alcohol and Drug Policies, and is designed to encourage good Samaritans and help-seeking behavior for individuals requiring medical assistance. This policy may provide amnesty from consequences through Student Code of Conduct, but does not preclude hospitalization, protective custody, interim suspension, or other actions deemed relevant for student safety. Students are strongly encouraged to call 911 or Public Safety’s Emergency Line at 617.287.1212 to request medical assistance when they or others may be:
- dangerously intoxicated/ under the influence of alcohol/drugs; or,
- experiencing any medical emergency.
This policy applies to students seeking medical assistance for themselves or for another person, and who act in accordance with the expectations set forth in this policy. It also applies to any student for whom medical assistance was sought. Under this policy:
- When students contact the Department of Public Safety or another appropriate staff member (e.g. Faculty, Security Desk Attendant (SDA), Community Ambassador, Resident Assistant on Duty, etc.) seeking medical attention, neither the reporting student nor the student for whom medical assistance was sought will be subject to a Student Conduct complaint for possession, consumption or intoxication under the University’s alcohol or drug policies.
- In order to qualify for “medical amnesty” under this procedure, students who seek assistance for another person must remain with that individual (assuming the student is present at the scene) until University Police or other designated first responder (e.g., ambulance, Fire Department) arrives on scene. It is expected that individuals involved in this process cooperate fully with first responders.
- This procedure does not apply to individuals requiring medical assistance for alcohol- or drug-related issues who do not seek assistance, for whom no assistance was sought, or who have already been brought to the attention of University staff or emergency responders. For example, this procedure would not apply to an intoxicated individual whom the police discover creating a disturbance on campus.
- When it is the opinion of the Dean of Students or designee that the continued presence of a student constitutes a danger to the student, or to others, the imposition of interim suspension or other temporary restrictions deemed necessary shall not be precluded under this procedure.
- In order to qualify, the student(s) will be required to:
- attend a meeting scheduled by the Dean of Students or designee;
- attend a meeting with a counselor at the University Counseling Center and/or a staff member at Wellness Education if required by the Dean of Students or designee; and,
- act in accordance with all student expectations outlined in this procedure.
- This procedure applies to UMB alcohol and drug policy violations related to possession, consumption, and intoxication. It does not prevent a complaint being filed against a student for other Student Conduct Code Regulations (e.g., assault, distribution of illegal substances, etc.…), nor does it prevent police/criminal action.
- Repeated incidents resulting in the application of this procedure would be of great concern to the UMB. In such cases, the UMB reserves the right to take disciplinary action on a case-by-case basis and decline to grant amnesty.
Appendix B: Academic Honesty
It is the expressed policy of the University of Massachusetts Boston that every aspect of academic life—including formal coursework situations as well as all relationships and interactions connected to the educational process—shall be conducted in an absolutely and uncompromisingly honest manner. The university presupposes that any work submitted by a student for academic credit indicates that the work is the student’s own and complies with university policies. In cases where academic dishonesty is discovered after completion of a course or degree program, sanctions may be imposed retroactively up to and including revocation of the degree. Any student who reasonably believes another student has committed an act of academic dishonesty should inform the course instructor of the alleged violation.
Section I: Academic Honesty Violations
The university defines violations to include but not be limited to the following:
- Submitting an author’s published or unpublished work (e.g., material from a journal, Internet site, newspaper, or encyclopedia) as one’s own in whole, in part, or in paraphrase without fully and properly crediting the author.
- Submitting materials or work obtained from another student, individual, or agency as one’s own without full and proper attribution.
- Submitting material produced through unacknowledged or unauthorized collaboration with others as one’s own.
- Submitting substantially the same work to more than one course without prior approval from all instructors involved: i.e., dual or multiple submission.
- Using any unauthorized material during an examination, such as notes, tests, calculators, cell phones, PDAs, or other electronic or mechanical communication devices. Abuse of cellular devices with photographic capabilities and use of devices for purposes of photographing test questions or other notes and materials are also prohibited.
- Obtaining answers to examination questions from another person with or without that person’s knowledge, furnishing answers to examination questions to another student, or using or distributing unauthorized copies of an examination or notes from an examination.
- Submitting an examination taken by another person as one’s own or taking an examination in another person’s place.
- Gaining or seeking to gain unauthorized access to or altering or destroying the paper or electronic files of a student, faculty member, or staff member for the purpose of gaining better academic standing and success.
- Failing to adhere to professional standards or ethics of a discipline and/or violating the rules of an agency in the course of completing fieldwork, internship, practicum, student teaching, or clinical placement.
- Interfering with an instructor’s ability to evaluate accurately a student’s competence or performance; misleading any person in connection with one’s academic work.
Section II: Academic Dishonesty Procedures
- Before reporting a suspicion of academic dishonesty, the faculty member may discuss the matter with the student and/or the faculty member’s chair (in cases involving undergraduate students) or graduate program director (in cases involving graduate students), or otherwise investigate the circumstances of the alleged violation. If the faculty member determines after such consultation and investigation that academic dishonesty did not in fact occur, no formal charge of academic dishonesty will be made.
- To initiate formal proceedings, a faculty member who suspects a student of academic dishonesty must inform the student in writing of that fact within ten (10) business days of the discovery of the alleged violation. Such written notice should inform the student of the factual basis for the charge and the specific sanctions the faculty member proposes to impose and any university sanctions he/she may recommend to the Associate Vice Provost of Undergraduate Studies (AVP) or the Dean of Graduate Studies (Dean), as appropriate. The letter should also inform the student that s/he may be subject to university sanctions imposed directly by the AVP/Dean beyond those recommended by the faculty member. The faculty member shall offer to meet with the student and the faculty member’s chair (in cases involving undergraduate students) or graduate program director (in cases involving graduate students) to discuss the case. No more than ten (10) business days after meeting (or offering to meet) with the student, the faculty member may impose penalties within his/her purview and so inform the AVP/Dean. If the faculty member, after meeting with the student, determines that the student did not commit academic dishonesty, s/he will so inform the student and AVP/Dean in writing. If no penalty has been imposed within the specified timeframe, the charges shall be considered dropped.
- All correspondence concerning an allegation of academic dishonesty should be copied to the faculty member’s department chair (for undergraduates) or the faculty member’s graduate program director (for graduate students), the faculty member’s college dean, the Associate Vice Provost of Undergraduate Studies (for undergraduate students) or the Dean of Graduate Studies (for graduate students), and the Office of the Vice Chancellor for Student Affairs. The chair/graduate program director and/or relevant college dean(s) may, at their option, consult with the faculty member and/or student, review the case, and make separate recommendations to the AVP/Dean regarding university sanctions.
- Academic dishonesty by graduate students lies primarily within the purview of the Dean of Graduate Studies, who will determine whether to apply university sanctions in a particular case. The Dean’s decision will be informed by any recommendations made by the student’s graduate program director and/or college dean. Academic dishonesty by undergraduate students lies primarily within the purview of the college deans. For the purposes of these procedures, the college deans delegate responsibility for determining whether to apply university sanctions in a particular case to the AVP. The AVP’s decision will be informed by any recommendation made by the faculty member’s chair and will be made in consultation with the college dean(s) involved; it is further subject to review and revision by the faculty member’s college dean. Within (10) ten business days of the notification of the faculty member’s imposition of sanctions, the AVP/Dean will review the case. In doing so, s/he may choose to interview or question the parties involved or otherwise investigate the case. The purpose of this review is to consider the imposition of university sanctions. At the end of this review, the AVP/Dean may impose additional university sanctions, including but not limited to those listed in Part IV. F. 8 and 9 of the Student Code of Conduct. University sanctions will normally be imposed for violations of an especially serious nature or in cases of repeat offense.
- The student may submit an appeal in writing to the Provost/Vice Chancellor for Academic Affairs, copying the Office of the Vice Chancellor of Student Affairs, within (10) ten business days of the AVP/Dean’s imposition of university sanctions or (10) ten business days of the expiration of the period of time available to the AVP/Dean to impose such sanctions, whichever comes first. The Provost/Vice Chancellor of Academic Affairs will convene an Appeal Panel, consisting of 3 to 4 faculty members and 2 students from the standing membership of the Joint Discipline and Grievance Committee, and instruct the panel to review the case by convening a hearing. At this hearing the panel will, at minimum, interview and question the student and faculty member. The Provost/Vice Chancellor of Academic Affairs will appoint a member of the panel to serve as the Chair.
- Within (10) ten business days after completion of its hearing and review, the panel will make a report of its findings and recommendations to the Provost/Vice Chancellor for Academic Affairs. Within (5) five business days of receiving this report, the Provost/Vice Chancellor for Academic Affairs will uphold, reverse, or modify the faculty member’s and AVP/Dean’s decisions. Modifications may include any of the sanctions listed in Part IV. F. 8 and 9 of the Student Code of Conduct. The decision of the Provost/Vice Chancellor for Academic Affairs is the final university disposition of the matter and is not subject to further appeal except in cases of expulsion. Students may appeal an expulsion to the Chancellor within 10 business days of the Provost/Vice Chancellor for Academic Affairs’ decision to expel.
Section III. Academic Dishonesty Sanctions
- Faculty members may impose one or more of the following sanctions:
- A failing grade in the assignment in which the infraction occurred.
- Forced withdrawal: the student is required to withdraw from the course. A grade of W will appear on the transcript and there will be no refunds of tuition, fees, or other charges.
- A failing grade in the course or competency in which the infraction occurred.
- Recommendation of additional sanctions: The faculty member, in cases of an especially serious nature, may recommend to the AVP/Dean the imposition of additional penalties, including those listed in this Code for misconduct.
- Sanctions to be imposed by the Associate Vice Provost of Undergraduate Studies and/or the Dean of Graduate Studies are university sanctions and are described in detail in Part IV. F. 8 and 9 of the Student Code of Conduct.
Appendix C: Sanction Chart
In the interest of creating a clear and transparent policy, the following list establishes the potential sanctions that the University may impose to address first-time violations of specific behavior. Please note that this list is not exhaustive. Sanctions will be determined based on the nature, severity, and impact of the violations, and they will be imposed in progressive levels.
| Violation |
Potential Sanction for First Offenses |
| Open container of alcohol |
- Written Warning
- Parental notification for students under the age of 21
|
| Underage possession or consumption of alcohol |
- Written Warning
- Parental notification for students under the age of 21
|
| Excessive noise/Neighbor complaint |
|
| Drug Paraphernalia |
- Written Warning
- Educational program and/or Reflection essay
|
| Violation of smoking policy |
|
| Failure to leave building during fire alarm |
- Written Warning
- Educational program and/or Reflection essay
|
| Failure to comply with a University official/Disorderly conduct |
- Written Warning
- Education program and/or Reflection essay
- 16 Academic Weeks Disciplinary Probation
|
| False Identification |
- Written Warning
- Educational program and/or Reflection essay
- 16 Academic Weeks Disciplinary Probation
|
| Trespassing/Unauthorized access to campus buildings |
- Written Warning
- Educational program and/or Reflection essay
- 16 Academic Weeks Disciplinary Probation
|
| Public Intoxication/Alcohol Abuse |
- Written Warning
- Educational program and/or Reflection
- 16 Academic Weeks Disciplinary Probation
- Parental notification for students under the age of 21
|
| Cannabis use/possession (under [1] ounce) |
- Written Warning
- Educational program and/or Reflection essay
- 16 Academic Weeks Disciplinary Probation
- Parental notification for students under the age of 21
- $100 (In accordance with Massachusetts State Law)
|
| Public Urination |
- Written Warning
- Education Program and/or Reflection essay
- 16 Academic Weeks Disciplinary Probation
- Financial Restitution (If applicable)
|
| Furnishing alcohol and/or a location for consumption to minors |
- 32-Week Disciplinary Probation upon return to the University
- Parental notification for students under the age of 2
- $100 (Massachusetts State Law has a $2000 Maximum fine)
|
| Theft |
- 32 Week Disciplinary Probation upon return to the University
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
|
| Destruction of University or private property/ Vandalism |
- 32 Week Disciplinary Probation
- Financial restitution
|
| Physical Assault |
- Suspension or Expulsion
- 32 Week Disciplinary Probation upon return to the University
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
|
| Hazing |
- Suspension or Expulsion
- 32 Week Disciplinary Probation upon return to the University
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
|
| Dangerous weapons possession |
- Suspension or Expulsion
- 32 Week Disciplinary Probation upon to the University
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
|
| Hate Crime |
- Suspension Expulsion
- 32 Week Probation upon return to the University
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
|
| Endangering Behavior |
- 32 Week Disciplinary Probation
|
| Altering/falsifying University Documents |
- Suspension or Expulsion
- 32 Week Disciplinary Probation upon return to the University
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
|
| Cannabis (over [1] ounce) |
- Suspension or Expulsion
- Parental notification for students under the age of 21
- Conditions may be set to assist in the student’s success upon return to the University community after suspension
- 32 Week Disciplinary Probation upon return to the community
|
| Illegal drug use and/or possession (other than cannabis) |
- Suspension or Expulsion
- Parental notification for students under 21
- Conditions may be set to assist in the student’s success upon return to the community after suspension
- 32 Week Disciplinary Probation upon return to the University
|
| Operating a motor vehicle under the influence of alcohol (OUI, DUI, DWI) |
- Suspension or Expulsion
- Loss of driving/parking privileges on University premises for not less than one (1) academic year
- 32 Week Disciplinary Probation upon return to the University
|
| Manufacture, distribution, sale, offer for sale of illegal/controlled substances |
- Suspension or Expulsion
- Parental notification for students under the age of 21
- 32 Week Disciplinary Probation upon return to the University
|
| Sexual Offense, including Sexual Harassment, Sexual Violence, Dating Violence, Domestic Violence or Stalking |
- Probation, Suspension or Expulsion
- 32 Week Disciplinary Probation upon return to the University
|
Instructional Setting Conduct Policy
Our Commitment to Academic Freedom
UMass Boston strives to create an environment of academic freedom that fosters the personal and intellectual development of all community members. As such, the University protects the rights of all students, faculty and staff to explore new ideas and to express their views. For true academic freedom to exist, acceptance of the spirit of inquiry and respect for diverse ideas and perspectives must exist in both the overall university community and in instructional settings. While the principle of academic freedom protects the expression and exploration of new ideas, it does not protect disruptive or unlawful conduct.
Expectations for Conduct in Instructional Settings
Differences of opinions or concerns related to the class should be welcomed. The challenging of viewpoints is part of the academic experience, but should occur in a manner that does not threaten any member of the learning community or the opportunity for others to learn from the instructor.
Each Instructor, meaning anyone given the authority to teach a course or grade a student, including university/site supervisors and clinical preceptors or supervisors, is responsible for managing the instructional environment, which includes creating a setting for the open exchange of ideas by all students. Each student is responsible for ensuring that his or her own behavior promotes these goals.
Learning and the associated exchange of ideas may take place in many settings, including but also beyond the formal classroom. Instructional settings include but are not limited to classrooms, libraries, group meetings, tutorials, lab sessions, office hours, and off-campus venues. Instructional settings may also be virtual, for example, email or telephone-based instruction, chat rooms, and web activities associated with courses. Disruption of the learning process will not be tolerated and may lead to disenrollment or disciplinary action.
Disruptive Behavior in Instructional Settings
Disruptive behavior in instructional settings may be defined as, but not limited to, behavior that interferes with, disrupts or obstructs the learning environment, including teaching, research, administrative activities, or other authorized functions. Disruptive behavior also includes inciting others to do any of the above. Instructors have discretion as to what constitutes disruption and are encouraged to address their concerns with the student and also speak with their Chairs about such matters. If student behavior deemed disruptive persists to the point where an instructor restricts a student from class, the case must be reported to the Office of the Dean of Students to ensure due process.
Student behavior or speech that disrupts the instructional setting or flow of instruction or prevents concentration on the subject taught will not be tolerated. Although repeated or persistent rude or uncivil conduct may become disruptive, it is important to differentiate disruptive behavior from that which is merely rude, uncivil, intellectually challenging, or provides a different viewpoint.
Disruptive conduct includes, but is not limited to:
- The student who becomes belligerent when confronted or is physically or verbally abusive;
- The student who loudly and frequently interrupts the flow of instruction with outbursts or interjections.
These incidents must always be reported to the Office of the Dean of Students by submitting the Student Conduct Referral Form found here.
In certain circumstances, the following may constitute disruptive or inappropriate conduct, dependent upon degree and context:
- The student who fails to participate when participation is expected;
- The student who sleeps in class;
- The student who uses or activates mobile technology which is not conducive to the learning environment, including emitting a disruptive noise or light;
- The student who without proper approval, persistently arrives late, takes unauthorized breaks or leaves during class or leaves early;
- The student who continues to exhibit behaviors that the instructor has addressed and asked to cease.
These incidents may be reported to the Office of the Dean of Students by submitting the “Student Conduct Referral Form” form found here.
Recordings in Instructional Settings
Massachusetts Law, prohibits private citizens from secretly recording others, or possessing a device with the intent to secretly record, or disclosing the contents of a secret recording.
Additionally, the Student Code of Conduct defines intrusion of privacy, as “the attempted use or actual use of electronic devices that invade a person’s privacy. This includes but is not limited to: photographing, videotaping, filming, digitally recording, or by any other means secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. Unauthorized storing, sharing, and/or distribution is also prohibited. This does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or authorized university officials. These provisions may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly.”
Academic settings are deemed places in which there is an expectation of privacy, unless previously agreed upon. These include, but are not limited to, the classroom, labs, office hours, and instructional space.
Instructor Responsibility
Instructors at UMass Boston are responsible for maintaining an environment conducive to learning in the instructional setting. To assure the best presentation of the course material, faculty/course instructors shall determine the manner and times during which students may ask questions, request clarification or express opinions or points of view in the instructional setting.
Each instructor is responsible for developing and distributing a syllabus that defines what it means to take and pass a particular course. Instructors are also responsible for assessing performance and conferring grades in relation to the stated grading policy. Disruptive behavior may affect a student’s grade when that behavior conflicts with stated course policies and processes as the following two examples illustrate. In a course with a lateness policy, students who are repeatedly late may see their grades affected. In a course that teaches the constructive peer reviewing of each other’s work, students who persist in taking unconstructive approaches may see their grades affected.
Process
For students who exhibit behavior that immediately endangers or seriously disrupts the establishment or maintenance of an appropriate learning environment in the physical classroom, Instructors must call the Department of Public Safety (7-1212). Additionally, students who are witnesses are also encouraged to call DPS. Disruptive students may be immediately removed from the classroom or from participation in another instructional setting, and their continued attendance or participation is subject to review before the next class meeting, or if that is not possible, within three business days.
The Instructor serves as a role model for the conduct they expect from students. In the event that disruptive conduct is occurring, the Instructor may offer general words of caution(e.g. “We have too many discussions at the moment”; “Let’s all focus as a class.”) Instructors should communicate with the student privately in a respectful and firm manner. A student who persists in disrupting an instructional setting may be directed to leave the leave the classroom or other setting immediately.
One of the responsibilities of the Department Chair is to serve as an administrative leader for instructors and students who are enrolled in courses taught within the department. Instructors should inform their Chairs of students who are disruptive when the student is not responsive to the instructor’s directives or the instructor is unsure how to address the student’s issues. In addition to informing the Chair, disruptive behavior must be reported to The Office of the Dean of Students as described above. After reviewing the report, the Dean of Students Office will discuss the behaviors with the instructor and Chair to determine the context of the behavior as it relates to the Code of Conduct and to determine the appropriate procedures to follow. The Dean of Students will meet with the accused students formally or informally to address the behaviors. Instructors are advised to keep careful written records (or complete an incident report) regarding any incident of disruptive behavior, including dates, times, names of those present, and details of the incident. It is important to document and report disruptive conduct promptly as described above.
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