Disciplinary Procedure

Disciplinary Procedure

EHA students are citizens of the state, local, and national governments, and of the academic community and are, therefore, expected to conduct themselves as law-abiding members of each community at all times. Generally, through appropriate due process procedures, School disciplinary measures shall be imposed for conduct that adversely affects EHA’s pursuit of its educational objectives, that violates or shows a disregard for the rights of other members of the academic community, or that endangers property or people at the School or on School-controlled property.

Individual or organizational misconduct that is subject to disciplinary sanction shall include but not be limited to the following examples:

• Conduct dangerous to others. Any conduct that constitutes a serious danger to any person’s health, safety, or personal well-being, including any physical abuse or immediate threat of abuse.
• Hazing. Any intentional or reckless act in Illinois on or off the property of any higher educational institution, by one student, acting alone or with others, that is directed against any other student, that endangers the mental or physical health or safety of that student, or that induces or coerces a student to endanger such student’s mental or physical health or safety.
• Disorderly conduct. Any individual or group behavior that is abusive, obscene, lewd, indecent, violent, excessively noisy, or disorderly, or that unreasonably disturbs other groups or individuals.
• Obstruction of or interference with EHA activities or facilities. Any intentional interference with or obstruction of any School activity, program, event, or facilities, including the following:
  • Any unauthorized occupancy of School or School-controlled facilities or blockage of access to or from such facilities. I
  • Interference with the right of any school staff member or other authorized people to gain access to any School or School-controlled activity, program, event, or facilities.
  • Any obstruction or delay of a staff member, authoritative agency firefighter, or any School official in the performance of his/her duty.
• Misuse of or damage to property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring, or unauthorized use of property belonging to EHA including but not limited to heavy equipment, computers, fire alarms, fire equipment, telephones, School keys, resource center materials, and/or safety devices; and any such action against a member of EHA or a guest of EHA.
• Theft, misappropriation, or unauthorized sale of the property. Any act of theft, misappropriation, or sale of EHA property, or any such act against a member of EHA or a guest of EHA.
• Misuse of documents or identification cards. Any forgery, alteration of, or unauthorized use of EHA documents, forms, records, or identification cards, including the giving of any false information or withholding of necessary information in connection with a student’s admission, enrollment, or status at the School.
• Firearms and other dangerous weapons. Any possession of or use of firearms or dangerous weapons of any kind.
• Explosives, fireworks, and flammable materials. The unauthorized possession, ignition, or detonation of any object or article that could cause damage by fire or any other means to people or property, or possession of any substance that could be considered to be and used as fireworks.
• Alcoholic Beverages. The use and/or possession of alcoholic beverages is not allowed on EHA owned or controlled property.
• Drugs. The unlawful possession or use of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance. Student and instructor safety is of utmost importance; therefore all students are subject to random drug screening at any time as may be requested by the School.
• Gambling. Gambling in any form.
• Financial irresponsibility. Failure to promptly meet financial responsibilities to EHA, including but not limited to passing a worthless check or money order in payment to EHA or to a member of EHA acting in an official capacity.
• Unacceptable conduct in hearing. Any conduct at an EHA hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other false evidence at any hearing.
• Failure to cooperate with EHA officials or staff members. Failure to comply with directions of the School officials acting in the performance of their duties.
• Attempts and aiding and abetting the commission of offenses. Any attempt to commit any of the foregoing offenses of the aiding and abetting of the commission of any of the foregoing offenses (an “attempt” to commit an offense is defined as the intention to commit the offenses coupled with the taking of some action toward its commission)
• Violations of state or federal laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.
• Violation of general rules and regulations. Any violation of the general rules and regulations of EHA as published in an official EHA publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.

Academic and Classroom misconduct.

The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct in violation of the general rules and regulations of EHA. Extended or permanent exclusion from the classroom or further disciplinary action can be effected only through appropriate procedures of EHA.

Academic misconduct committed either directly or indirectly by an individual or group is subject to disciplinary action. Prohibited activities include but are not limited to the following practices:

 

• Cheating, including but not limited to unauthorized assistance from the material, people, or devices when taking a test, quiz, or examination; writing papers or reports; solving problems; or completing academic assignments.
• Plagiarism, including but not limited to paraphrasing, summarizing, or directly quoting published or unpublished work of another person, including online or computerized services, without proper documentation of the original source.
• Purchasing or otherwise obtaining prewritten essays, research papers, or materials prepared by another person or agency that sells term papers or other academic materials to be presented as one’s own work.
• Taking an exam for another student.
• Providing others with information and/or answers regarding exams, quizzes, homework, or other classroom assignments unless explicitly authorized by the instructor.

Upon discovery of a student’s participation in academic misconduct, the student is immediately responsible to the instructor of the class, who will meet with the offending student with evidence of the misconduct. In addition to other possible disciplinary sanctions that may be imposed as a result of academic misconduct, the instructor has the authority to assign a failing grade.

EHA students accept full responsibility for the quality and authenticity of submitted coursework. When confronted with evidence of academic misconduct, students may admit their participation and accept the penalty imposed by the instructor. The instructor will inform the Director of Education of the violation, and the Director of Education will forward written notice of the violation to the School Director, who will keep records of the incident.

If the student believes that he/she has been erroneously accused of academic misconduct and if his/her final grade has been lowered as a result, the student may appeal the case through the following procedures:

The student may discuss the case with the Dean.

If the student seeks further appeal, he/she may ask the Dean to contact the School Director, who will determine any additional steps to be taken.

Disciplinary Action.
Disciplinary action may be taken against a student for violations of the above regulations that occur on owned, leased, or otherwise controlled property or that occur off-campus when the conduct impairs, interferes with, or obstructs any School activity or the missions, processes, and functions of the School. In addition, disciplinary action may be taken on the basis of any conduct, on or off-campus that poses a substantial threat to people or property within EHA.

For the purposes of these regulations, a “student” shall mean any person who is registered for study at EHA for any academic period, including the time that follows the end of an academic period that the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from EHA.

 

Disciplinary Sanctions. Upon a determination that a student or organization has violated any of the rules, regulations, or disciplinary offenses set forth in these regulations, the following disciplinary sanctions may be imposed, either singular or in combination, by the appropriate EHA officials:

• Restitution. A student who has committed an offense against property may be required to reimburse EHA or other owners for damage or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.
• Warning. The appropriate EHA official may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.
• Reprimand. A written reprimand, or censure, may be given to any student whose conduct violates these regulations. Such a reprimand does not restrict the student in any way but does have important consequences. It signifies to the student that he/she is being given another chance to conduct himself/herself as a proper member of EHA, but that any further violation will result in more serious penalties. In addition, a reprimand does remain on file in the student’s academic record.
• Restriction. A restriction upon a student’s or organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent EHA in any way, operate equipment, loss of student ID.
• Probation. Continued enrollment of a student on probation may be conditioned upon adherence to these regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Any conduct in violation of these regulations while on probationary status may result in the imposition of a more serious disciplinary sanction.
• Suspension. If a student is suspended, he/she is separated from EHA for a stated period of time, with conditions for readmission stated in the notice of suspension.
• Expulsion/termination. Expulsion entails a permanent separation from EHA. The imposition of this sanction does become a part of the student’s permanent record and is a permanent bar to the student’s readmission to EHA.
• Interim or summary suspension. Though as a general rule, the status of a student accused of violations of School regulations should not be altered until a final determination has been made in regard to the charges against the student. A summary suspension may be imposed upon a finding by the School Director or his/her designated representative that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, or of any other member of the EHA or its guests; destruction of property; or substantial disruption of classroom or other campus activities. In any case of immediate suspension, the student shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension (in writing), and if there are disputed issues of the fact of cause and effect, the student shall be provided a hearing on the suspension as soon as possible.
• In cases involving second and/or third instances of academic misconduct, the student will be subject to further disciplinary action, including termination.
• Students found guilty of repeated academic misconduct may receive one of the following sanctions:

* Second offense: Probation

* Third offense: Expulsion from EHA

The School Director of EHA is authorized, at his/her discretion, to convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.

Cases of Alleged Sexual Assault. In cases involving alleged sexual assault, both the accuser and the accused shall be informed of the following:

• Both the accuser and the accused are entitled to the same opportunity to have others present during a disciplinary proceeding.
• Both the accuser and the accused shall be informed of the outcome of any disciplinary proceeding involving allegations of sexual assault.

Disciplinary Procedures.
Admission to EHA implies that the student agrees to respect the rights of others and observe civil laws. Conduct regarded as dangerous or threatening, which warrants response by local law enforcement officials, will carry an immediate temporary suspension of the student from the School. If the court convicts the student, EHA may expel the student solely on the findings of the criminal court. If EHA does not exercise this option, the student must begin the disciplinary process after the court proceeding concludes.

Due Process Procedures.

In cases that involve actions of misconduct that would cause the student or students to be subjected to disciplinary action, a hearing shall be afforded the student according to the procedures outlined below:

• All complaints of alleged misconduct of a student shall be made in writing to the School Director. The complaint shall contain a statement of facts outlining each alleged act of misconduct and shall state the regulation the student is alleged to have violated.
• The School Director shall investigate the complaint. If it is determined that the complaint is without merit, the investigation shall promptly cease. If it is determined that there is probable cause to believe a violation did occur, the process shall proceed as outlined.

3. The student shall be notified in writing by the School Director that he/she is accused of a violation and will be asked to come in for a conference to discuss the complaint. At the conference, the student shall be advised of the following:

 

1. He/she may admit the alleged violation, waive a hearing in writing, and request that EHA officials take appropriate action.
2. He/she may admit the alleged violation in writing and request adjudication before the School Director.
3. He/she may deny the alleged violation in writing and request adjudication before the School Director.
4. The date, time, and place of the hearing.
5. A statement of the specific charges and grounds that, if proven, would justify disciplinary action being taken.
6. The names of witnesses scheduled to appear.

 

The decision reached at the hearing shall be communicated in writing to the student. It shall specify the action taken by the School Director. Upon the request of the student, a summary of the evidence shall be provided to the student.

The student shall be notified in writing of his/her right to appeal the decision of the School Director within five days of receipt of the decision. In cases of appeal, any action assessed by the School Director shall be suspended pending the outcome of the appeal. A copy of the final decision shall be mailed to the student.

 

Reinstatement:

If an appeal is denied or if the student chooses not to appeal the decision, an application for reinstatement may be submitted to the School no earlier than 30 days from the date of termination. Students who did not pursue or win an appeal may be reinstated under special conditions.

 

Termination

Students can be terminated for unsatisfactory progress, unsatisfactory attendance, and/or breaking any School rules or conduct policies. Students may appeal the termination with the School Director based upon extenuating circumstances.

Student Compliant Procedure

Most problems or complaints that students may have can be resolved through a personal meeting with staff. Grievances related directly to training must be submitted to the School Dean. Any grievance remaining unresolved after a review by the Dean can be submitted in writing to the Director. Non-training-related grievances must be submitted to the Director. The Dean and/or Director will make every reasonable effort to resolve a grievance to the satisfaction of the student. Answers to grievances will be given no more than ten days after the submission of the grievance. The written complaint should contain (1) the nature of the problem(s), (2) approximate date(s) that the problem(s) occurred, (3) the name(s) of the individual(s) involved in the problem(s) – staff and/or other students, (4) copies of important information regarding the problem(s), (5) evidence demonstrating that the institution’s complaint procedure was followed prior to this point in time, and (6) student signature. If a student’s questions or concerns are not resolved to the student’s satisfaction, students may make complaints to

Illinois Board of Higher Education Division of Private Business and Vocational Schools, 1 N. Old State Capitol Plaza, Suite 333, Springfield, Illinois  62701, or through the IBHE website (www.ibhe.org) and the IBHE Complaints website (www.complaints.ibhe.org)

Phone: (217) 782-2551

Fax: (217) 782-8548

TTY: (888) 261-2881