Appendix 2: Bylaws and Regulations of the Code of Responsibilities and Rights of the Students of Midwestern University

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The following bylaws and regulations are promulgated to augment and support the Code of Responsibilities and Rights of the Students of Midwestern University.

Section One:

Student Complaints/Grievances

Any student or group of students may initiate a complaint procedure on any student concern, including complaints against faculty, staff, or other students.

Student complaints should follow one of the two following processes: informal process or formal process. If the student filing a complaint is not certain which process is appropriate, the Dean of Students or their designee should be consulted for advice regarding the appropriate process. 

  1. Informal Complaint Process: Any student may seek advice or information from the Dean of Students or their designee on a concern. The complaining party ("the complainant") will be encouraged to discuss their concern directly with the person(s) against whom the informal complaint is lodged, or, if necessary, with individuals at increasing levels of authority.

    1. Informal complaints should be resolved by mediation, compromise, or education. An informal complaint resolution should not result in disciplinary action on the part of the University.

    2. The Dean of Students or their designee may be approached at any time during an informal complaint to serve as mediator, counselor, or advisor. 

    3. An informal investigation and resolution process does not require the complainant student's identity to be shared with the accused student(s).

    4. If investigation of the complaint reveals that the issue is more serious than originally believed, the Dean of Students will advise that the informal complaint issue should be handled according to the formal complaint process.

    5. If a fair and acceptable accord is not reached by the involved parties at the time of response, if more than an agreed time for response passes, or if there is no evidence of an attempt to respond, the complainant may proceed to the next higher available authority. In so doing, the student(s) must inform the person to whom the original complaint was addressed that the complaint has been moved to a higher authority level.

  2. Formal Complaint Process: The complaint must be submitted in writing. The complaint must clearly describe the problem and be accompanied by an relevant data. The statement must be specific and must be signed by the person submitting the complaint. In the case of a group complaint, one person may be designated as a representative for the group. The representative may sign for the group provided that all names of the group are attached. For formal complaints, the Dean of Students will investigate, and the following procedures are typically followed: 

    1. The Dean of Students will communicate the formal complaint to those being accused. 

    2. The Dean of Students will interview the complainant, the accused, and any relevant parties in relation to the complaint in order to conduct a fair and thorough investigation. 

    3. The name of the student(s) who generated the complaint may be shared with the accused. 

    4. After completing the investigation, the Dean of Students will make a recommendation for resolution to the respective college dean.

    5. After receiving the recommendation of the Dean of Students, the respective college dean will notify the accused student(s) in writing of their decision including, if applicable, recommended disciplinary action. Any disciplinary action must conform to Appendix 1. Section Five of the Code of Responsibilities and Rights of Students of Midwestern University. Any such disciplinary outcomes are kept confidential and are not shared with the complainant in accordance with FERPA.

Infographic of Complaint Process Outlined Above

The type of complaint determines the process used to investigate the complaint to ensure due process for both parties:

1. Complaints relating to harassment/unlawful discrimination - these will be processed following the procedure outlined in the ‘Harassment/Unlawful Discrimination Policy’ section of the Student Handbook.

2. Complaints relating to sexual misconduct - these will be processed following the procedure outlined in the ‘Sexual Misconduct Policy’ section of the Student Handbook.

3. Complaints relating to accusations of academic or professional misconduct of a student as defined in the Student Code of Rights and Responsibilities must be filed directly with the Dean of Students. These will be processed following the procedure outlined in the "Student Judicial System" section of the Student Handbook, Appendix 2, Section 2. 

4. Complaints that involve one or more student(s) must be filed directly with the Dean of Students. 

5. Complaints related to test questions, grade appeals, or other academic issues related to Academic Review Committee or Promotion and Graduation Committee outcomes should be forwarded to the appropriate faculty member, course director, committee chair, program director, and/or college administrator in accordance with the guidelines/procedures set forth in the College/University Catalog.

6. Complaints against a final college decision of academic deceleration or dismissal must be submitted to the University President within five working days of notification of the final college decision.

7. During the complaint process, the student must continue to attend classes when classes are in session.

 

Complaints against an MWU faculty or staff member, administrator, or preceptor are undertaken jointly by the Dean of Students and the Director of Human Resources. 

8. For complaints against faculty, staff, administrators and preceptors:

  1. The written complaint must clearly describe the problem and be accompanied by any relevant documentation or data. The written complaint and the accompanying documents/data must be submitted to the Dean of Students.
  2. The Dean of Students will immediately communicate the complaint to the Director of Human Resources and initiate a formal investigation of the allegations.
  3. The Dean of Students and Director of Human Resources will set a time to meet with the student to discuss the complaint.
  4. The Dean of Students and the Director of Human Resources will initiate a joint, formal investigation of the allegations, with the right to interview other parties in relation to the complaint in order to conduct a fair and thorough investigation.
  5. While the Dean of Students’ investigation focuses on student input, the Director of Human Resources’ investigation focuses on employee input
  6. After conducting the investigation, the Dean of Students and Director of Human Resources will compile a joint report on their findings.
  7. The Director of Human Resources will then make a recommendation for a complaint resolution to the supervisor of the employee(s), who will carry out any disciplinary actions against the employee(s).

9. Final decisions or appeals of any complaint involving students and/or employees will rest with the President. All documentation related to student generated complaints and resolutions are kept on file in the Office of the President in accordance with The Higher Learning Commission requirements.

If the complaint cannot be resolved after exhausting the institution’s complaint procedure, the student may file a complaint with either the Illinois Board of Higher Education or the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details.

  1. The Illinois Board of Higher Education, Academic Affairs Division, may be contacted at: 1 North Old State Capitol Plaza, Suite 333, Springfield, IL 60721-1377; (217) 782-2551. Alternatively, a complaint form may be completed at http://complaints.ibhe.org/.
  2. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details. The State Board address is 1740 W. Adams, Ste. 3008, Phoenix, AZ 85007, phone # 602-542-5709, website address: https://ppse.az.gov

  3. Midwestern University is accredited with The Higher Learning Commission. For specific accreditation complaints against Midwestern University, they may be contacted at 230 South LaSalle Street, Suite 7-500, Chicago, IL 60604-1413 (info@hlcommission.org or through their web site at https://www.hlcommission.org/).

Accreditation complaints can also be directed to the individual accrediting agencies for each of Midwestern University's colleges and programs:

  1. In the case of pharmacy students, the Accreditation Council on Pharmacy Education (ACPE) is also available to students who feel their complaint has been unresolved by the University. A requirement of the ACPE states that such a complaint against a college or school of pharmacy must be related to the standards or policies and procedures of ACPE and must be submitted in writing to the Executive Director of the ACPE. Under existing practices, when a complaint is received, it is submitted to the college or school affected for response. If, thereafter, based upon the complaint and the response, the Executive Director determines that a complaint is not related to the standards or policies, the complainant is so advised in writing with a copy to the school or college, and the matter is treated as resolved. Anonymous complaints pertaining to accreditation matters are retained and, depending on circumstances, may or may not be forwarded to the school or college involved, depending somewhat on the severity of the complaint. This decision is made by the Executive Director. Where a complainant has threatened or filed legal action against the institution involved, ACPE will hold complaints in abeyance pending resolution of the legal issues and the complainant is so advised. Complaints to ACPE should be filed via e-mail to either of the two following addresses: csinfo@acpe-accredit.org (regarding a professional degree program); ceinfo@acpe-accredit.org (regarding a continuing education provider). The address of the Council is: Accreditation Council for Pharmacy Education, 190 South LaSalle Street, Suite 2850, Chicago, IL 60603.
  2. In the case of osteopathic medical students, the American Osteopathic Association (AOA) Commission on Osteopathic College Accreditation (COCA) is also available to students who feel their complaint has been unresolved by the University and is related to student grievances regarding AOA accreditation standards. AZCOM/CCOM is committed to meeting and exceeding the standards for accreditation of colleges of osteopathic medicine as described by the AOA Commission on Osteopathic College Accreditation. A copy of the standards is available upon request from the Office of the Dean of AZCOM/CCOM. Students who believe that the College may not be in compliance with a standard of accreditation have the right to file a complaint through the following procedures, the first of which must involve the College of Osteopathic Medicine: 1)A written, dated and signed complaint must be filed with the Office of Student Services. 2)The Dean of Students will consult with the Dean of AZCOM/CCOM and form an ad-hoc committee to investigate the complaint. 3) The results of the investigation shall include findings of fact, a determination of standard compliance or non-compliance, and recommended corrective actions. The results will be communicated in writing to the Dean of AZCOM/CCOM. 4) If corrective action is indicated, the Dean of AZCOM/CCOM will respond with a description/plan for such action within 30 working days of receipt of the ad hoc committee results. 5) Records of all proceedings regarding complaints will be maintained by the Office of the President. 6) In the event that the student complainant is not satisfied with the ad hoc committee determination and/or corrective action, the student may then communicate his/her complaint to: Chairperson, Commission on Osteopathic College Accreditation, American Osteopathic Association, 142 East Ontario Street, Chicago, Illinois, 60611-2864.
  3. Students enrolled in the Occupational Therapy Program may contact the Accreditation Council for Occupational Therapy Education at: Accreditation Council for Occupational Therapy Education, American Occupational Therapy Association, 4720 Montgomery Lane, Suite 200, Bethesda, MD, 20814-3449; (301) 652-2682.
  4. Students enrolled in the Physical Therapy Program may contact the Commission on Accreditation in Physical Therapy Education at: Commission on Accreditation in Physical Therapy Education, American Physical Therapy Association, 1111 North Fairfax Street, Alexandria, VA, 22314; (703) 706-3245; http://www.capteonline.org/Complaints/.
  5. Students enrolled in the Podiatric Medicine Program may contact the Council on Podiatric Medical Education at the following location: Council on Podiatric Medical Education, 9312 Old Georgetown Road, Bethesda, MD 20814; (301) 581-9200; www.apma.org. Students enrolled in the Speech-Language Pathology Program may contact the Council on Academic Accreditation in Audiology and Speech-Language Pathology at: Council on Academic Accreditation in Audiology and Speech-Language Pathology; 2200 Research Boulevard; Mail Stop 310; Rockville, MD 20850; accreditation@asha.org; or http://caa.asha.org/programs/complaints/.
  6. Students enrolled in the College of Dental Medicine may contact the Commission on Dental Accreditation (CODA) at the following location: Commission on Dental Accreditation, 211 E. Chicago Ave., Chicago, IL, 60611; 1-800-621-8099 (x4653); http://www.ada.org/en/coda/policies-and-guidelines/file-a-complaint/. The Commission on Dental Accreditation will review complaints that relate to the College's compliance with the accreditation standards. The Commission is interested in the sustained quality and continued improvement of dental and dental-related education programs but does not intervene on behalf of individuals or act as a court of appeal for individuals in matters of admission, appointment, promotion or dismissal of faculty, staff or students. It should be noted that the College of Dental Medicine-Arizona requests the opportunity to address a student's complaint internally before seeking an investigation by the Commission on Dental Accreditation. If the College can be of service in that regard, or if students have questions about their right to file a complaint either internally or externally, they can contact the administration of the College at (623-572-3800).
  7. Students enrolled in the College of Optometry may contact the Accreditation Council on Optometric Education at the following location: American Optometric Association, 243 N. Lindbergh Boulevard, St. Louis, Missouri, 63141 or via phone at: (314) 991-4100 or via email at: ACOE@aoa.org.
  8. Students enrolled in the Nurse Anesthesia Program may contact the Council on Accreditation of Nurse Anesthesia Educational Programs at: Council on Accreditation of Nurse Anesthesia Educational Programs (COA), 222 South Prospect Avenue, Suite 304, Park Ridge, IL 60068-4001; (847) 692-7050; https://www.coacrna.org/programs-fellowships/crna-school-search/.
  9. Students enrolled in the Cardiovascular Sciences Program may contact the Accreditation Committee-Perfusion Education (AC-PE) at the following location: 6654 South Sycamore Street, Littleton, CO. 80120; or via phone at (303) 738-0770; via fax at (303) 738-3223; and via email at ac-pe@msn.com. For more information please link to their web site at www.ac-pe.org.
  10. Students enrolled in the College of Veterinary Medicine may contact the American Veterinary Medical Association (AVMA) by mail at 1931 N. Meacham Rd., Suite 100, Schaumburg, IL 60173-4360 or via phone at 847-925-8070 or 800-248-2862 and via fax at Fax: 847-925-1329 or via their website at www.avma.org
  11. Students enrolled in the Clinical Psychology Program may contact the American Psychological Association, Office of Program Consultation and Accreditation, 750 First Street, NE, Washington DC 20002-4242, via phone at (202) 336-5979, via TDD/TYY at (202) 336-6123 or via fax at (202) 336-5978.
  12. Students enrolled in the Physician Assistant Program may contact the Accreditation Review Commission on Education for the Physician Assistant, Inc., via mail at 12000 Findley Road, Suite 150, Johns Creek, GA 30097, phone at 770-476-1224, or fax at 770-476-1738. Contact Accreditation Services by email at: accreditationservices@arc-pa.org.
  13. Students enrolled in the Speech-Language Pathology Program on either campus may contact the Council on Academic Accreditation in Audiology and Speech-Language Pathology (CAA) of the American Speech-Language Hearing Association (ASHA), 2200 Research Boulevard, #310 Rockville, MD 20850, 800/498-2071 or 301/296-5700.
  14. Students enrolled in the Master of Public Health Program may contact Council on Education for Public Health (CEPH), 1010 Wayne Ave. Suite 220, Silver Spring, MD 20910, 202/789-1050.
  15. Students enrolled in the Graduate Nursing Programs (GNPs) may contact the Arizona State Board of Nursing (AZBN) 1740 W Adams Street, Phoenix, AZ 85007. Phone: (602) 771-7800, and the Commission on Collegiate Nursing Education (CCNE) 655 K Street, NW, Suite 750 Washington, DC 20001. Phone: (202) 887-6791.

Section Two:

Student Judicial System

Midwestern University, in an effort to conform with the rulings of the Supreme Court of the United States concerning the differentiation between student discipline and evaluation of student academic and professional competency, has developed the following student judicial structure to deal with disciplinary infractions of the student code as enumerated.

This student judicial system is designed so that a student may have the opportunity to be fairly and justly treated when their personal academic or professional conduct allegedly violates the Bylaws and Regulations of the Code of Responsibilities and Rights of the Students of Midwestern University that are stated below in this section. This section does not apply with respect to minor infractions related to student academic and professional performance that are dealt with by the appropriate faculty in regards to the filing of non-disciplinary Student Academic and Professionalism Incident Report Forms or in terms of dealing with unsatisfactory academic performance issues that are stipulated in either the Academic Section of the respective College Catalogue or the student's respective course syllabi that are dealt with through Academic Review Committees or Graduation and Promotion Committee. Although faculty and college administrators have the option to deal with such issues within their respective colleges, they must still provide students the opportunity to be fairly and justly treated and to be given the fundamental right to address any issues related to unsatisfactory academic progress or allegations of misconduct. Professional and/or academic misconduct incidents that potentially warrant disciplinary sanctions that remove a student from good standing or that result in an escalating alteration of disciplinary status must be submitted as a formal written complaint to the Deans of Students and the college dean, as well as to the student, in accordance with the policies and procedures described in this section below.

A. Grounds for action. The following acts are considered to be a violation of acceptable student conduct:

  1. Academic misconduct (see also Appendix 4: Student Academic Responsibilities)
    1. Cheating: Unauthorized use of a text, notes, artificial intelligence, augmentative intelligence, generative artificial intelligence technology tools, or other aids during an exam or when preparing an assignment in a course, copying the work of another student, or obtaining and using a copy of an examination in advance of its administration, gazing at another student’s work, talking during an exam, signaling during an exam, neglecting to protect their answer sheet or scrap paper from the view of others, or any other violation as stated in the Testing Center Policy.
    2. Computer misuse: Disruptive or illegal use of computer resources including the inappropriate transmission of class/examination material via e-mail, texting, or any other form of electronic communication.
    3. Fabrication: Intentionally falsifying or inventing any information or citation in any academic exercise.
    4. Facilitating academic dishonesty: Intentionally or knowingly helping or attempting to help another commit an act of academic dishonesty.
    5. Forgery, alteration, or misuse of any type of University related document.
    6. Knowingly furnishing false information to the University.
    7. Intentional obstruction or disruption of teaching, research, or administrative operational procedures.
    8. Plagiarism: Presenting as one’s own the work of another, including AI (artificial intelligence) generated work, without proper acknowledgment; deceitful practice, utilizing a substitute or acting as a substitute in any academic evaluation, of knowingly permitting one’s work to be submitted by another person without the instructor’s authorization.
    9. Unauthorized collaboration: Working together on an exam or any other form of assessment when expressly prohibited from doing so by an instructor.
  2. Professional misconduct
    1. Behavior inconsistent with the qualities described for professionals within the chosen fields, including unprofessional communications that are delivered verbally, in writing, via email, or any form of electronic means, including through social networking sites. The use of social networking sites to bully, harass, intimidate, or threaten fellow classmates, employees or rotation site personnel is inappropriate and unacceptable. The content of personal and private conversations between individuals may not be posted on social media without the permission of all parties involved. All forms of communication to and from the University, including anonymous evaluations related to courses and constructive feedback, need to use appropriate language and be worded in a professional and non-offensive or non-argumentative manner.
    2. Misuse of any electronic device, including cell phones, for the purpose of unauthorized recordings/tapings/photographs/videos/electronic communications of lectures, lecture materials, laboratories, laboratory materials, clinical settings, patients and patient encounters, or meetings with instructors, faculty, or administrative personnel, as well as MWU events such as the White Coat Ceremony and graduations.
    3. Computer misuse: using University or affiliate computers to access or transmit pornographic or illegal subject matter.
    4. Drug abuse: Being under the influence of substances of abuse, including alcohol, during class, laboratory, externship, clerkship, or any other situation under the jurisdiction of the University in which professional conduct is expected or required.
    5. Failing a drug test due to the unauthorized use of alcohol, marijuana or other controlled substances.
    6. Engaging in the synthesis, manufacture, theft, sale, or use of a controlled substance or drug for unlawful purposes or assisting any individual or group in accomplishing this end.
    7. Failure to comply with or obstruction of performance of campus security.
    8. Harassment of any kind directed at a particular person or group of people.
    9. Inducing or forcing another individual to drink an alcoholic beverage (including “spiking” nonalcoholic beverages) against their expressed desire.
    10. Possession, use, distribution or sale within the college community of date rape drugs including GHB, Rohypnol, and Ketamine or any similar illegal drugs that can be given to a student without their knowledge.
    11. Misuse of pharmaceutical privileges.
    12. Neglect of clinical and/or hospital duties.
    13. Neglect of patient’s rights.
    14. Neglect of responsibilities related to holding office as a student senate, Student Council/Student Government Association, class, or other organizational elected or appointed officer.
    15. Obstruction of the judicial system or failure to comply with judicial sanctions.
    16. Physical abuse of any person or University property or conduct that threatens or endangers the health or safety of any person.
    17. Possession or use of firearms, ammunition, or explosive devices or materials on campus.
    18. Theft of, or the intentional damage to, property of a member of the University on campus, or theft of, or the intentional damage to, property of Midwestern University.
    19. Unauthorized possession or duplication of keys/ID badges to any University facility and unauthorized entry to or use of University facilities.
    20. Violation of any campus rules or regulations.
    21. Violation of the confidentiality of any medical, personal, financial, or business information obtained through the student’s educational activities in any academic or professional practice setting.
    22. Violation of any federal, state, or local laws while on campus or attending approved off-campus events, including rotations or while enrolled as a student.

B. Procedures for conduct examination. To institute proceedings to examine any student act allegedly violating acceptable student conduct, the following procedures shall be followed:

  1. Nature of the act and related circumstances are to be reported in written detail and submitted to:
    1. The involved student,
    2. The respective college dean, and
    3. The Dean of Students.
  2. The written statement must include the name of the involved student, the name and status of the reporting person, and the nature of the alleged act. In cases of harassment/unlawful discrimination and sexual misconduct, issues should be handled according to the procedures outlined under the Harassment/Unlawful Discrimination and Sexual Misconduct policies in the Policy Section of the Student Handbook. The written statement may be sent to the involved student via the University email/mail system or delivered in person. Should a student so involved refuse or fail to accept delivery of the statement after a bona fide attempt is made to deliver, the requirement of notification will be considered to have been met. All correspondence related to the proceedings is considered to be confidential material.
  3. Temporary suspension: Should a student action be of such a nature that it is felt that they must be relieved of their right to attend Midwestern University, the student may be temporarily suspended from the college on recommendation of the Dean of Students. Any temporary suspension may continue until such time as the issue in dispute is resolved under the process outlined below.

C. Resolution of conduct matters. Any issue concerning student conduct will be resolved by utilizing the Office of the Dean of Students. The Dean of Students is authorized to receive complaints, conduct investigations and determine the validity of the charges. The Dean of Students also makes recommendations regarding appropriate disciplinary action to the applicable college dean. The Dean of Students has been assigned this role to ensure consistent and fair resolution of student conduct issues. At the onset of any conduct issue, the involved student or students should, if feasible, meet with the Dean of Students no later than one week after notification of an allegation of unacceptable student conduct.

  1. Method of resolution.
    1. Upon receipt of the written complaint lodged against the student, the Dean of Students will set a time to meet with the student regarding the issue. The interview will preferably be conducted in person, although a phone interview or virtual meeting is acceptable if the student is at a distant location. Only the student may attend the interview. The Dean of Students has the right to interview other parties in relation to the incident to determine the validity of the complaint.
    2. After interviewing the student and other involved persons, the Dean of Students will render a decision regarding the validity of the complaint. If the complaint is valid, the Dean of Students will recommend disciplinary action. The appropriate college dean will be notified of the recommendation within 5 school days of the aforementioned interview (unless prevented by extenuating circumstances). A copy of the Dean of Students investigation into the complaint, including all supporting evidence, will be submitted to the Office of the President.
    3. Typically, within 5 school days after receiving the recommendation of the Dean of Students, the college dean will notify the student in writing of their decision including, if applicable, any disciplinary action. Any disciplinary action must conform to Appendix 1, Section Five of the Code of Responsibilities and Rights of Students of Midwestern University. A copy of the college dean’s decision must be sent to the Dean of Students and the Office of the President in Glendale and the Office of Accreditation in Downers Grove for inclusion in the student’s disciplinary file.
    4. If the student does not accept the college dean’s decision, the student may appeal to the President (who may consult with the Chief Academic Officer of the respective college) within 5 school days of notification of the college dean's decision, by submitting a written statement containing the basis and reasons for the appeal including all relevant facts. The President will request a copy of the college dean’s findings and decision, as well as all relevant information from the Dean of Student's investigation. The President or designated Chief Academic Officer will act upon the appeal by (a) confirming the original decision, (b) altering any penalties imposed, or (c) requesting the student, the Dean of Students, and/or the applicable college dean to submit additional information prior to rendering a decision.
    5. The final decision rests with the President. A copy of the President’s decision must be sent to the college dean, Dean of Students and the Office of the President in Glendale or the Office of Accreditation in Downers Grove for inclusion in the student’s disciplinary file.
  2. Record keeping in conduct matters. Records of the above proceedings shall be kept in accordance with the following guidelines:
    1. All records related to disciplinary investigations/actions are secured in the Office of the Dean of Students.
    2. All records related to disciplinary appeals are secured in the office of the President.
    3. All records related to disciplinary investigations/actions/appeals are maintained in perpetuity.
    4. A student may see any and all records related to their disciplinary investigation/action/appeal in accordance with the college regulations concerning inspection of records as spelled out in Guidelines for Access to and Disclosure of Educational Records Maintained by Midwestern University.
    5. All documentation related to disciplinary investigations/actions/appeals are kept on file in the Dean of Student’s Office and the Office of the President in accordance with The Higher Learning Commission.