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Revised August 20191
MassArt expects its students to be good citizens and to conduct themselves in an appropriate manner at all times, whether on-campus, off-campus, attending study abroad programs and/or campus-sponsored travel courses. All MassArt students are expected to act with integrity and demonstrate responsible behavior. In these Standards, MassArt sets appropriate and clear guidelines for the behavior of its students. The guidelines are established to ensure that student conduct does not adversely affect the educational mission of the University or its relationship with the surrounding community or members of the MassArt community and partner schools.
MassArt holds its students responsible for the manner in which they exercise the privileges and freedoms afforded them. They are encouraged to offer reasonable assistance to others whose behavior appears to be harmful to themselves or to the community. MassArt students are also held responsible for the actions of their guests.
Under the terms of their enrollment, individual students and student organizations are bound by these Community Standards and acknowledge the right of the University to take disciplinary action for behavior that violates the Standards. These Community Standards apply to all MassArt students, while on and off campus at a university related function, and/or studying or traveling abroad with the University. The development and enforcement of these Community Standards is an educational endeavor that fosters students' educational, personal, and social development and growth. MassArt encourages students to assume a significant role in the development and enforcement of these Community Standards to be better prepared for their roles and responsibilities as global citizens. The Senior Student Affairs Officer, or designee, has specific responsibility for the administration and enforcement of these Community Standards. The Senior Student Affairs Officer, or designee, will conduct training sessions for those responsible for adjudicating cases through the Community Standards and will manage and maintain all records pertaining to the administration and enforcement of these Community Standards.
Communication with students regarding the conduct process will be primarily conducted through university email. All MassArt students are expected to check their university email.
DISCRIMINATION, SEXUAL HARASSMENT AND SEXUAL VIOLENCE
This Code shall not be used to address complaints of discrimination, harassment, and retaliation, including Title IX offenses such as sexual harassment rape, sexual assault, domestic and dating violence and stalking. Those complaints shall be investigated according to the College’s Equal Opportunity, Diversity and Affirmative Action Plan by the Office of Compliance.
It is MassArt's policy that no student (either the affected student or friends of the affected student) seeking medical attention for alcohol poisoning and/or drug overdose will face disciplinary action for use of alcohol and/or illegal drugs.
MassArt believes that it is in the best interest of students' welfare that persons who are suffering from alcohol poisoning and/or drug overdose be brought to the immediate attention of medical personnel. Affected students must meet with an administrator/counseling services upon return or within 24 hours. At the discretion of the college given circumstances. Students receiving medical amnesty from disciplinary action will be required to complete a mandatory alcohol and/or drug evaluation and educational sessions in the MassArt Health and Counseling Office and, where indicated, may be required to seek further treatment. Failure to complete the prescribed course may result in disciplinary action.
Always call 911 or Public Safety at 617-879-7800 for help if someone:
- Passes out and cannot be awakened
- Vomits while passed out. Stops breathing
- Has a seizure
Accused Student means any person, or the University itself, who submits an allegation that a student or a Student Organization violated the Community Standards. When a student believes that they have been a victim of misconduct of another student or Student Organization, the student who believes they have been a victim will have the same rights under the Community Standards as are provided to the accused student even if another member of the University community submitted the allegation itself.
Administrative Conference Agreement means the final agreement regarding violations and/or sanctions agreed upon between the Community Standards officer and the student or Student Organization.
Administrative Review Officer and Community Standards Officer (CSA) are University staff who are authorized by the Senior Student Affairs Officer, or designee, to determine the appropriate resolution of an alleged violation of the Community Standards, and/or to impose sanctions or affect other remedies as appropriate.
Advisor means any person who accompanies an accused student, or a victim for the limited purpose of providing support and guidance. If a party’s advisor is an attorney, the University’s legal counsel may also attend the meeting or proceeding.
Business Day means any day, Monday through Friday, that the University is open.
providing support and guidance. If a party’s advisor is an attorney, the University’s legal counsel may also attend the meeting or proceeding.
Business Day means any day, Monday through Friday, that the University is open.
College Property – Includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, including adjacent streets and sidewalks.
Community Standards file means the printed/written/electronic file which may include but is not limited to incident report(s), correspondence, witness statements, and disciplinary history.
Complaint is an allegation of a violation of the community standards, which is filed with or by the CSA.
Designee refers to any staff or faculty member who is responsible for implementing the Community Standards process or administering the Community Standards system, in part or in whole, at the direction of the Vice President of Student Development, Associate Vice President of Student Development and Dean of Students, Senior Conduct Officer, or other University official.
Disciplinary History Any history directly related to a students behavior (whether on-campus or off-campus) addressed by the University where University charges and/or sanctions were determined as a result of a settlement or community standards process.
Disciplinary Hold means an administrative hold placed on a student's record or on a Student Organization's activities or privileges when the student or Student Organization Representative does not respond to the request of a University official to attend an Administrative Conference, has not completed an assigned sanction, or, with respect to a student, has withdrawn from the University while a conduct matter is pending.
Education Records are those records that are directly related to a student and maintained by the Massachusetts College of Art and Design or by a party acting for the College. These include, but are not limited to, papers, examinations, grade information, transcripts, disciplinary information, billing and financial aid information.
Guest means a non-student who is an associate or invitee of a student and/or Student Organization.
Incident Database means the electronic database used as a repository for all incident information including, but not limited to, reports, witness statements, photos and videos.
Instructor means any faculty member, teaching assistant, graduate assistant or any other person authorized by the University to provide educational services
Interim Administrative Action means an immediate measure applied to a student or Student Organization prior to an Administrative Conference or University Hearing Board on the alleged violation.
Investigator is responsible for gathering, preserving and analyzing evidence/information to determine the outcome of the investigation and recommended corrective action and/or resolution.
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 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 Senior Student Affairs Officer or designee.
Peer Conduct Advisor is a student leadership position that works both with the Office of Student Development to assist students in matters of on and off campus violations of the Community Standards. The Peer Conduct Advisor has an excellent understanding of the conduct process and an understanding of the foundation and philosophy of the University's Community Standards. In the event a Peer Conduct Advisor is not available, a University staff member may serve in this role.
Policy is any regulation of the University, including, but not limited to, those published in the Community Standards, the Student Handbook, the Equal Opportunity, Diversity and Affirmative Action Plan, Residence Hall Handbook, license occupancy agreements and the Graduate/Undergraduate/PCE Catalogue.
Preponderance of Evidence - The evidentiary standard used in resolving a complaint filed under this Code’s Disciplinary Process. The standard is met if the proposition is more likely to be true than not true (i.e.; more probable than not). Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.
Sanctions means a status or a requirement a student or Student Organization must abide by or complete when found responsible for violating University policy.
Student includes all persons enrolled in a program
courses at the College, both full-time and part-time, credit and non-credit. Persons who are not officially enrolled for a particular term but who have a continuing academic relationship with the College are considered students.
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 Community Standards process on behalf of the Student Organization.
Witness means any person with knowledge pertaining to an alleged violation of the Community Standards by a student or Student Organization.
A student shall be subject to disciplinary action under this policy for engaging in acts including, but not limited to:
Acts of dishonesty include but are not limited to: cheating, plagiarism (artistic or academic); furnishing false information to faculty, staff, department, or any University official; forgery, alteration or misuse of any University document, record, or instrument of identification (including all software and computer databases, systems or email); tampering with the election of any Student Organization; or misrepresenting oneself as another.
Acting on or off-campus in a manner that substantially interferes with or disrupts the normal and/or safe operation of the College, including but not limited to disrupting or interfering in the educational process, including teaching, advising, research, administration, disciplinary proceedings, public service or other College activities or functions.
- Harming behavior, which includes, but is not limited to: the true threat of or actual physical force or abuse.
- Endangering behavior, which includes, but is not limited to, conduct that threatens or endangers the health or safety of any person or group (including one's self).
Hate crimes as defined under state or federal law.
Conduct that corresponds to any violation of federal, state, or local law while on or off University premises.
Failure to abide by the Alcohol Policy. Notwithstanding the Alcohol Policy, specific violations include:
- Use, possession, manufacture or distribution of alcoholic beverages except as expressly permitted by Massachusetts state law and University regulations, while on or off campus is prohibited.
- Public intoxication while on or off campus is prohibited.
- Common source containers of alcohol are prohibited. This includes, but is not limited to kegs, pony kegs, beer balls, and/or mixed alcoholic punch. Common source containers are prohibited whether the containers are empty or full.
- Being knowingly present where a violation of the University's Alcohol Policy is occurring is prohibited.
- Use of alcohol to render another person physically or emotionally incapacitated in prohibited.
- Violation of the Alcohol Policy within the residence halls as outlined in the Residence Hall Handbook.
- Failure to complete the mandatory alcohol assessment and/or additional treatment after receiving Medical Amnesty as described above.
- Violation of the Other Drug and Controlled Substance Policy, specific violations include:
- Use, possession, cultivation, manufacture, distribution or being under the influence of narcotics or other controlled substances (as defined by Federal and Massachusetts General Law) except as expressly permitted by law while on or off campus is prohibited.
- Use, possession, or sale of drug paraphernalia is prohibited.
- Being knowingly in the presence of illegal drugs is prohibited.
- Use of illegal drugs to render another person physically or emotionally incapacitated in prohibited.
- Violation of the Other Drug and Controlled Substances Policy within the residence halls as outlined in the Residence Hall Handbook.
- Failure to complete the mandatory drug assessment and/or additional treatment after receiving Medical Amnesty as described above.
While Massachusetts state law permits the use of marijuana in certain limited situations, federal law prohibits marijuana use, possession, distribution, and/or cultivation at educational institutions. Therefore, the use, possession, distribution or cultivation of marijuana for medical purposes is not allowed in any MassArt residence hall or on any other MassArt premises; nor is it allowed at any University-‐sponsored event or activity off-‐ campus or at any Student Organization event or activity. Anyone who possesses or uses marijuana on 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 marijuana registration card. Upon request, MassArt may release students from their occupancy license if approved as a reasonable accommodation for a documented disability requiring use or possession of marijuana for medical purposes.
- 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, or keys.
- Verbal or physical harassment or intimidation.
- Attempted or actual theft, damage, and/or vandalism, by intent or negligence, to property of the University or property of a member of the University community, or other personal or public property; or possession of property stolen from the University, any of its members or visitors.
- Uncooperative behavior which includes, but is not limited to, disregarding the request of, providing false information to, and/or failure to identify oneself to any University official, fire or law enforcement officers acting in performance of their duties. This includes failing to provide identification when asked by University officials.
- Creating a fire hazard or a situation that endangers others, such as false reports of fire or bombs, possession of fireworks, failing to evacuate, throwing objects from windows, or tampering with, covering, damaging, or removing fire safety equipment, burning candles or incense, intentionally burning or singeing University property or posted signs, smoking any substance in-doors.
- Use, possession, creation, or carrying of firearms (for the purpose of this section, firearms shall mean any pistol, revolver, rifle, or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means), incendiary devices, smoke devices, hunting or assault knives, explosives, or other dangerous weapons on University premises or at University-sponsored events.
- Forcible entry or unauthorized entry and/or presence in University premises, including, but not limited to, galleries, classrooms, studios, offices, residence halls, residence hall apartments/suites/rooms, roofs, balconies, and/or courtyards.
Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to or use of College premises.
- Any unauthorized use of electronic or other devices to make an audio or video recording of any person(s) while on College premises or participating in a College-related activity without the person’s prior knowledge or without the person’s effective consent due to intoxication, drug use, mental impairment or other conditions that may impair a person’s ability to convey effective consent. This includes, but is not limited to, surreptitiously taking pictures of another person in a locker room or restroom.
- Violation of Residence Hall Handbook or Residence Hall License Agreement.
- Failure to abide by the Smoking Policy.
- Extortion - The use, or the express or implicit threat of the use, of violence or other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else without his/her consent.
- Abuse of the Student Conduct Procedures outlined in the Community Standards including, but not limited to:
- Failure to obey the summons of a Community Standards officer, Hearing Board members, or an Administrative Review Committee.
- Falsification, distortion, or misrepresentation of information to a Community Standards officer, Hearing Board members, or an Administrative Review Committee.
- Disruption or interference with the orderly conduct of a Student Conduct proceeding.
- Influencing or attempting to influence another person to commit an abuse of the Student Conduct procedures.
- Attempting to harass, intimidate or retaliate against a member of a review body, accused student or witness, prior to, during and/or after a Student Conduct proceeding.
- Failure to comply with the sanction(s) imposed under the Community Standards.
- Failure to abide by the Hazing Policy.
- Unauthorized solicitation is prohibited.
- Unauthorized or illegal gambling is prohibited.
- Failure to abide by the Administrative Applications Data Management Policy, Electronic File Sharing Policy, and/or Technology Acceptable Use Policy.
- Unauthorized use of the University's name, logo, or other symbol.
- Improper use of University vehicles. This includes rental and lease vehicles.
- 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 not recognized by the University and/or other conduct in violation of sanction imposed on a Student Organization.
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 Senior Student Affairs Officer, or designee. A report should be submitted as soon as possible after the alleged misconduct takes place. Community members may submit reports through this electronic form. Reports may be submitted at massart.edu/help.
- The Senior Student Affairs Officer, or designee, shall determine if a complaint alleges or addresses a potential violation of the Community Standards and will notify the accused student of such allegations. The decision to continue a complaint through the Student Conduct process is the decision of the Senior Student Affairs Officer, or designee.
- Generally, the Senior Student Affairs Officer, or designee, will assign a Community Standards officer(s) to the case who will investigate, schedule a conference with the accused student(s) and other individuals as deemed necessary and appropriate. If a situation arises where an alleged violation is believed to have great impact on the University community, the case may be referred to a University Hearing Board that may be comprised of a student or students, faculty and staff.
- The Senior Student Affairs Officer, 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 Senior Student Affairs Officer, or designee, may consult with the Office of Transition and Leadership Programs and other relevant University Officials regarding allegations regarding Student Organizations or that imply Student Organization involvement.
If the Senior Student Affairs Officer, or designee determines that a violation exists, three procedural options are available.
- Verbal or Written Reprimand - For low-level offenses, the CSA may issue a verbal or written reprimand to the Accused Student. Reprimands shall not be subject to a hearing before a Hearing Board or an appeal.
- Administrative Resolution - An Administrative Resolution is reached only upon the mutual agreement of the CSA and the Accused Student. By accepting an Administrative Resolution, the Accused Student waives his/her right to a hearing before the Hearing Board or an appeal. If the CSA and the Accused Student cannot agree on an Administrative Resolution the matter proceeds to a Hearing Board hearing. Failure by the Accused Student to appear for an Administrative Resolution meeting with the CSA will result in discipline of the Accused Student by the CSA and a forfeiture of his/her rights to a hearing or appeal.
- Hearing Board - When an Administrative Resolution cannot be reached or it is in the best interest of the student, the The Senior Student Affairs Officer, or designee shall refer the alleged violation to a Hearing Board for a hearing. Please see Section 2 below for Hearing Board Hearing rules.
a. A Hearing Board shall be scheduled by the CSA not later than thirty (30) days following an Accused Student’s request for a hearing. If no hearing is requested, the hearing shall be scheduled by the CSA no later than thirty (30) days from the date of the Administrative Resolution meeting.
b. A written Statement of Charges shall be presented to the Accused Student not less than five (5) days prior to the hearing.
c. A Hearing Board hearing is an administrative hearing. The rules of evidence do not apply.
d. In a matter involving more than one Accused Student, the Hearing Board may permit at its discretion individual hearings for each Accused Student.
e. The Accused Student has the right to be accompanied by any advisor (define above) of his/her own choosing and at his/her own expense. The advisor may be another student, faculty member, administrator or an attorney. The advisor may not otherwise be involved in the proceedings. An advisor’s role is limited to advising the Accused Student directly and discretely. An advisor is not permitted to participate directly in the hearing. If an attorney will be your advisor, please let the hearing officer or hearing board chair know at least three business days in advance. Requests to change proposed meetings to accommodate an Advisor’s schedule will be considered but may not always be granted.
Hearing Board Process
a. A hearing is normally conducted in private.
b. There shall be a record created of all hearings. The record shall be the property of the College.
c. All procedural questions are subject to the final decision of the Hearing Board.
d. Admission of any person(s) to the hearing shall be at the discretion of the Hearing Board.
e. A hearing shall proceed as follows:
- The CSA presents the Statement of Charges on behalf of the College. The CSA may present documents, materials and/or witnesses in support of the Statement of Charges.
- Accused Student responds to the Statement of Charges. The student may present documents, materials and/or witnesses in response to the Statement of Charges.
- Following the parties’ presentations, the Hearing Board may question each party, their witnesses and/or review all information presented. The Hearing Board has the discretion to request additional documents, materials or information from either party.
- While direct cross-examination by the parties is not permitted, each party will be given the opportunity to question the other by presenting questions through the Hearing Board. If the Hearing Board determines a question is relevant, the other party will be asked to respond.
- The Hearing Board shall have a final opportunity to question the parties.
f. After the hearing, the Hearing Board shall determine by majority vote whether the Statement of Charges has been proven.
g. A Hearing Board’s decision shall be based on a preponderance of evidence standard.
h. Within fifteen (15) days of the conclusion of a hearing, the Hearing Board shall issue a written decision outlining its findings and disciplinary action, if any, to the parties.
A student found in violation of the College’s community standards shall be subject to sanctions, including but not limited to:
Verbal Reprimand – The lightest form of disciplinary action. A verbal warning may be documented in writing.
Written Reprimand – An official written notice to a student that his/her conduct is in violation of College rules or regulations and will not be tolerated.
Loss of Privileges - Denial of specified privileges for a designated period of time.
Restrictions - Denial of access to any campus facility, activity, class or program.
Community Restitution Project: Assignment of an appropriate service project that will benefit the University community, responsible student or others.
Educational Program/Project: Participation in a health or safety program , online trainings or seminars, and other assignments as warranted. The student may be required to pay a fee associated with the program/project.
B.A.S.I.C.S. Workshop: BASICS stands for Brief Alcohol Screening and Intervention for College Students, and is aimed at students who have had negative experiences or problems related to alcohol and drug use. BASICS is an evidence-based program that helps students make better alcohol-use decisions and reduce their risks for alcohol-related harm. BASICS provides at least two non-confrontational, non-judgmental sessions with a staff member. Payment of the associated $150 fee is due by the completion of the first workshop.
Restitution: Compensation for loss, damage or injury to an individual, a group, or the University for which the student was found responsible, whether intentionally or accidentally. This may take the form of appropriate service or monetary or material replacement.
Disciplinary Probation I: Disciplinary Probation I is a serious warning that a student's behavior has breached the standards of the University community. Subsequent violations during the period of probation are likely to lead to more serious disciplinary action. The probation may last for any specified period. Students on Disciplinary Probation I are still considered to be in good disciplinary standing at the University, but eligibility to participate in certain programs may be affected. Some of these activities include representing the student body as a member of the SGA Executive Board and becoming or remaining a member of residential staff.
Disciplinary Probation II: Disciplinary Probation II indicates a more serious breach of the Community Standards and may likely to lead to suspension from the University for any further disciplinary infractions. The probation may last for any specified period. Students on Probation II are not considered to be in good disciplinary standing at the University for the duration of probation, and are ineligible to participate in various University activities unless an exemption is made by the Senior Student Affairs Officer.
Permanent Residence Hall Suspension: Permanent separation of the student from the residence halls. Students suspended from Housing may not be guests in housing.
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. During this period of time, affected students may not be guests in the residence halls.
Relocation of Residence: Required assignment to another residence area.
University 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 or at University-sponsored events.
University 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 who have been separated from the University for a period of time must meet with the Vice President for Student Affairs, or designee, at least two (2) weeks prior to the next registration period for which the student is eligible to review any outstanding sanctions and the readmission process.
University Suspension in Abeyance - Under certain circumstances, University Suspension may be held in abeyance until the end of a designated time. If a student is again found responsible for violating the Community Standards or any other University policy during the designated period, University Suspension may take effect immediately.
A student who violates the community standards while serving any of the above sanctions shall be subject to further discipline, up to and including expulsion. The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on factors, such as the nature and severity of a student’s violation and/or prior disciplinary history, the College reserves the right to impose any of the above-referenced sanctions at any time.
a. Within five (5) business days of receiving the Hearing Board’s decision, either the CSA or the Accused Student may appeal the Hearing Board’s decision to the College’s Appeals Officer.
b. An appeal must be in writing and be based on a credible claim that: the hearing was not conducted in conformity with the community standards; the decision was not supported by a preponderance of the evidence presented; or new evidence exists, which was not presented at hearing because it was not reasonably known to the Accused Student at that time, and which is sufficiently relevant such that it could alter the Hearing Board’s decision.
c. The Appeals Officer shall issue a written decision within ten (10) days of receiving the appeal. The Appeals Officer may accept, reject or modify the Hearing Board’s decision or sanction.
d. The Appeals Officer’s decision shall be final.
1MassArt reserves the right to modify the Community Standards when, in its discretion, such action will serve the best interests of the University or its students. The provisions of this Standards shall not be construed to replace or supersede any state, federal or local laws that also may apply to students or others.
This review will be conducted in accordance with the University's governance procedures.
Approved: Massachusetts College of Art and Design Board of Trustees: 9/2019
Revised: Massachusetts College of Art and Design: 08/2019
Approved: Massachusetts College of Art and Design Board of Trustees: 6/7/2016
Revised: Massachusetts College of Art and Design: 03/2016
Approved: Massachusetts College of Art and Design Board of Trustees 06/04/2013
Revised: Massachusetts College of Art and Design: 06/2013
Revised: Title IX Updates; 09/16/2011
Approved: Massachusetts College of Art and Design Board of Trustees 8/30/2011
Revised: Massachusetts College of Art and Design: 8/24/2011
Approved: Massachusetts College of Art and Design Board of Trustees 6/7/2010
Revised: Massachusetts College of Art and Design 3/24/2010
Revised: Massachusetts College of Art Board of Trustees 5/31/2007
Approved: Massachusetts College of Art Board of Trustees 6/16/2003
Revised: Massachusetts College of Art Board of Trustees 6/2003
Amended: Massachusetts College of Art Board of Trustees 6/2001
Approved: Massachusetts College of Art Board of Trustees 6/2000