Code of Conduct Council

1. Upon issuance of a formal charge by the Associate Dean for Student Services, the Student Code of Conduct Council begins its review of the alleged misconduct.
2. A member of the council who believes they cannot properly discharge responsibilities in a given case may excuse him or herself. The council also may, either in response to a student’s request or on its own, decide to excuse a council member.
3. Within one week of the issuance of a formal charge, the student should submit a written statement on the incident to the council, which should include the student’s perspective on the situation along with copies of any additional information bearing on the matter. This statement should be written by the student in their own words, but the student is encouraged to seek the help of their adviser, another faculty member, the Director for Student Affairs, or the Associate Dean for Student Services.
4. When a complaint involves allegations of serious criminal conduct, students are advised to seek legal counsel before making any written or oral statements to the School. The School’s disciplinary process is pedagogical rather than judicial, and attorneys for students are not permitted to participate. However, students are advised to seek legal advice about how the School’s disciplinary process could affect any criminal case in which they may be involved. Ordinarily, if a complaint is being pursued through the criminal justice system, the council may assess the timing of the investigation so that it does not compromise the integrity of the criminal investigation. In some cases, the council may choose to postpone or suspend its own review of the matter until the criminal case has been concluded.
5. The student has a right to a hearing before the Student Code of Conduct Council. Hearings will be private. A recording may be made of that portion of the meeting in which the student meets with the council. A copy of the recording, if made, shall be made available to the student (without charge) upon request.
6. A student appearing before the Student Code of Conduct Council may be accompanied by an adviser (chosen by the student) from within the Harvard T.H. Chan School of Public Health community. As noted above, in keeping with the nonadversarial character of the council’s proceedings, attorneys for students cannot be present at hearings of the council.
7. The student, after giving prior notice to the council, may bring to the hearing persons who have information relevant to the facts of the alleged misconduct. Individuals wishing to attest to the character of a student may not attend the hearing but will be allowed to communicate with the council in writing.
8. The council considers any information that it deems to be relevant and credible. Formal rules of evidence do not apply.
9. The council may draw such reasonable inferences from a student’s decision not to cooperate with the disciplinary process as it deems appropriate. Statements made to members of the council and others may be considered by the council at the hearing regardless of when made.
10. If the student wishes the council to consider a medical excuse, explanation, or justification in a particular case, the student must consent to the release to the council their relevant medical or psychiatric records by Harvard University Health Services (HUHS) or another health care provider. Refusal to authorize disclosure of information obtained by HUHS or other health care provider shall not be weighed against the student. The absence of such information, may, however, properly preclude the council from considering a medical excuse, explanation, or justification in a particular case.
11. Disciplinary sanctions will not be imposed unless conduct warranting sanction is established by a preponderance of the evidence. Decisions of the council are final, except for those recommending expulsion or dismissal, which require a two-thirds vote by the Harvard Chan School Faculty Council.
12. All Student Code of Conduct Council business is treated confidentially. The student against whom allegations were raised will be told only the disposition of their own case and only by the co-chair of the council (usually the Associate Dean for Student Services).
13. All decisions of the council to impose sanctions shall be communicated to the student in writing, along with specific findings of fact and conclusions, including, wherever appropriate, a statement of the reasons for the specific sanction and the principles upon which the council relied in setting the sanction. This information also may be conveyed to relevant faculty and staff of the School, including the student’s adviser, their department chair or program head, the registrar, and others as appropriate.
14. If the council concludes that no disciplinary action is warranted, then a written statement of this decision is sent to the student and no record of the charge shall appear on the student’s transcript.
15. The council’s decision takes effect immediately. When dismissal or expulsion is recommended (in addition to the requirement to withdraw), then the dismissal or expulsion becomes effective upon a two-thirds vote at a Faculty Council meeting.
16. When a disciplinary case comes before the Faculty Council for a vote on dismissal or expulsion, the Associate Dean for Student Services will present the facts of the case in a written report to the Faculty Council.
17. A student may request that the Student Code of Conduct Council reconsider its decision if new materially relevant information becomes available. If the council refuses such a request, it must notify the student in writing of the reason for the refusal.
18. In the case of a disciplinary proceeding involving any crime of violence or nonforcible sex offense, the School may disclose the results of the proceeding to the alleged victim, without prior written consent of the student whose conduct was at issue, regardless of whether the council concluded a violation was committed.
19. Should situations arise that are not covered by these rules and procedures or in which the application of these rules and procedures, in the judgment of the council, would be inappropriate, the council may formulate and follow an appropriate ad hoc procedure.
20. Disciplinary cases are ordinarily considered by the Student Code of Conduct Council as quickly as is reasonably possible, given the council’s schedule and the need to investigate matters carefully. The Code of Conduct Council does not meet during the summer months.

If a determination is made that there was no violation—whether through internal review or a Student Code of Conduct Council hearing—there will be no record of the incident kept in the student’s file.

Formal sanctions, which become part of the student’s official record, are described below. Also below are sanctions specific to academic misconduct.  Please note that the Student Code of Conduct Council may also (or instead) impose sanctions as appropriate to a specific case.

Admonition: A formal reprimand that becomes part of the student’s official record but does not appear on the transcript.

Probation: A warning to the student that they are in serious danger of being required to withdraw from the School, usually imposed for a specified period of time. At the end of the probationary period, the student may be relieved from probation by vote of the Student Code of Conduct Council if the student’s conduct has been satisfactory. A student on probation may be required to withdraw from the School by vote of the Student Code of Conduct Council at any time if their conduct is unsatisfactory. No student on probation may be recommended for a degree. That the student is on probation appears on the student’s transcript during the period of probation. The notation on the transcript will normally read “Disciplinary Probation” and will include the dates of the period of the probation.

Requirement to Withdraw: An action taken in serious disciplinary cases indicating that the student’s behavior is unacceptable in the School community. A student who has been required to withdraw is not in good standing as a candidate for a degree and must surrender their Harvard University student ID card and leave School property for a period determined by the Council, usually two terms. Without exception, students who have been required to withdraw must petition the council to be readmitted to the Harvard Chan School; readmission is not guaranteed but is decided on a case-by-case basis by the council based on its judgment of the student’s conduct during their time away from the School and the student’s readiness to rejoin the School community. That the student was required to withdraw for disciplinary reasons appears permanently on the student’s transcript. The notation on the transcript will normally read “Disciplinary Withdrawal Required” and will include the date of the withdrawal.

Dismissal: An action taken in serious disciplinary cases whereby a student’s connection with the School is terminated by a two-thirds vote of the Faculty Council attending the meeting where the case is presented. (The action taken by the Student Code of Conduct Council is a vote of requirement to withdraw with a recommendation to the Faculty Council that the student be dismissed.) Dismissal does not necessarily preclude a student’s return, but readmission is granted rarely and only by a similar vote of the Faculty Council. A dismissed student is not in good standing until readmitted. The fact of dismissal appears permanently on the student’s transcript. The notation on the transcript will normally read “Disciplinary Dismissal” and will include the date of the dismissal.

Expulsion: The most extreme disciplinary action possible. It signifies that the student is no longer welcome in the community and can never be readmitted. Expulsion must be voted by the Faculty Council as described under “Dismissal.” (The action taken by the council is a vote of requirement to withdraw with a recommendation to the Faculty Council that the student be expelled.) A student who is expelled can never be readmitted and restored to good standing. The fact of expulsion appears permanently on the student’s transcript. The notation on the transcript will normally read “Disciplinary Expulsion” and will include the date of the expulsion.

Sanctions for academic misconduct will be determined based on the seriousness of the academic violation, including any prior instances of misconduct by the student. The council will determine the sanction, including whether, and for how long, a record of the sanction will appear in the student’s school record and/or on the student’s transcript.

The following are examples of possible sanctions and actions that can be imposed for academic misconduct depending on the type and seriousness of the violation:

• Redoing the assignment
• Reduction of one letter grade on the assignment
• Reduction of multiple letter grades on the assignment
• Zero credit or score on the assignment
• Letter grade reduction in the course
• Loss of credit for the course – assign a failing grade for the course
• Discussion with the Associate Dean for Student Services regarding the School’s Code of Conduct to determine if the case should be forwarded to the Code of Conduct Council for review and determination of sanctions.

In addition to the listed sanctions for misconduct, in the case of research misconduct, termination on a research project and potential reimbursement of expended research funds.

Students are expected to comply with all disciplinary rules from matriculation until the conferring of the degree. A degree will not be granted to a student who is not in good standing or against whom a disciplinary charge is pending.

The Harvard Chan School has adopted the University Policy on Sexual and Gender-Based Harassment. When information suggests the possibility of inappropriate conduct involving allegations of sexual or gender-based harassment, the University Policy applies, as do the University’s Procedures for Handling Complaints Involving Students Pursuant to the Sexual and Gender-Based Harassment Policy (the “University Procedures”), which can be found on the <a href=”https://oge.harvard.edu/policies. Under the University Procedures, the Harvard University Office for Dispute Resolution (ODR) is responsible for determining whether a student has violated the University Policy.

When the Student Code of Conduct Council learns that a formal complaint has been filed with ODR, the Associate Dean for Student Services (or designee), on behalf of the Council, will meet with the respondent to explain, among other things, the disciplinary process that may take place following the issuance of the ODR’s final report, the range of disciplinary sanctions, and the appeals process following the imposition of any discipline.

Whenever a formal complaint of sexual or gender-based harassment against a Chan School student results in the issuance of a final report from the ODR, the Student Code of Conduct Council must accept as final and nonreviewable the report’s findings of fact and its conclusions as to whether a violation of the University Policy has occurred. The role of the Student Code of Conduct Council is solely to determine the appropriate disciplinary response.

The Student Code of Conduct Council may interview the parties and may undertake any other action it deems necessary to arrive at its conclusions, including consulting with senior faculty or administrators at the University when it feels additional expertise or advice would be useful. The council’s disciplinary proceedings against the student based on conduct addressed by the ODR’s final report will proceed with the understanding that the final report carries the same validity as a determination reached by the council itself. All members of the Student Code of Conduct Council will receive appropriate training in the handling and resolution of allegations of sexual or gender-based harassment. To the extent any existing Harvard Chan School policies and procedures interfere with compliance with the University Policy or Procedures, application of such Harvard Chan School policies and procedures shall be suspended.

The council may take a number of disciplinary actions as set forth in the Sanctions for Misconduct section. When no violation of the University Policy has been found, the Student Code of Conduct Council will review the factual findings contained in the final report. Should the council conclude that the alleged conduct, while not a violation of the University Policy, might violate other Harvard Chan School policies or expectations for conduct, then the council will take up the case as set forth below. If the council votes to impose discipline, it will notify the respondent and, as appropriate, the complainant, of the discipline imposed.