University Policies

Student Rights

All students enrolled at the University are accorded the basic rights as set forth by the Board of Directors. Student rights are as follows:

• The right of respect for personal feelings.
• The right to freedom from indignity of any type.
• The right to an educational experience free from discrimination.
• The right to expect an education of the highest quality.
• The right to make the best use of one’s talents and time toward the objectives that brought him or her to the University.
• The right to inquire about and to recommend improvements in policies, regulations, and procedures affecting the welfare of students.
• The right for students to meet with the appropriate University official.
• The right to freedom of expression and peaceful assembly as defined by the Constitution of the United States and the laws of the states of Florida, California, or Texas.
• The right to participate in dialog during public discussions that provide a diversity of opinion.
• The right of due process as set forth in University policies.
• The right to freedom of the press and media (newspaper, radio, television, etc.) to publish and distribute materials will be granted when identified by authorship and sponsorship.

Student Responsibilities

The University expects its students to be responsible for helping to maintain a healthy academic climate where students can grow and develop as mature individuals with a commitment to lifelong learning. Student responsibilities include the following:

• The responsibility of assuming the consequences of one’s own actions and of avoiding conduct detrimental to fellow students and University employees.
• The responsibility of taking the initiative to volunteer for service on committees.
• The responsibility for ensuring that the essential order of the University is maintained.
• The responsibility for academic work and clinical education requirements.
• The responsibility to be fully acquainted with and to adhere to the University’s Catalog/Handbook and other published policies and procedures.
• The responsibility to treat others with dignity and respect and to support a learning environment free from discrimination.

Student Code of Conduct

Students are expected to conduct themselves in a professional manner, which upholds the integrity of their profession and the University.

Admittance to USAHS carries with it an obligation and responsibility to abide by federal, state, and local laws, respective county and city ordinances, as well as all University rules, regulations, and procedures. Admission to the University is a privilege, not a right, and is extended to those individuals who meet all admission criteria. All students, faculty, guests, patients, and staff of the University have a responsibility to report violations of the Student Code of Conduct to the appropriate officials. As a student, you will be asked to read and acknowledge this as part of the enrollment process.

The following behaviors are to be adhered to at all times while on University property or using University facilities or when associated with the University in any manner:

• The University is a tobacco and e-cigarette free, drug-free, and alcohol-free environment; therefore, no smoking or being under the influence of banned substances or intoxicants is permitted.
• The use of profane, vulgar, or discriminatory language is not acceptable.
• Weapons are not permitted per the Prohibited Weapons Policy .
• Violence, or the threat of violence in any form, is not tolerated.
• Sexual or other forms of harassment will not be tolerated.
• The Internet Acceptable Use Policy must be adhered to at all times.
• It is expected that students will:
  • conduct themselves with professionalism, courtesy, and respect for others in all dealings with institution staff, faculty, and other students both on and off campus;
  • present qualifications and background truthfully and accurately for admission and other academic-related documentation to the institution;
  • observe the institutional policies and rules on submitting work, taking examinations, participating in online discussions, and conducting research;
  • never turn in or present another person’s work or ideas or scholarship as one’s own;
  • never ask for, receive, or give unauthorized help on graded assignments, quizzes, or examinations;
  • never divulge the content of or answers to quizzes or examinations to fellow students;
  • never improperly use, destroy, forge, or alter the institution’s documents, transcripts, or other records; and
  • never divulge one’s online username and password.

The following interpersonal behaviors are expected at all times:

Of paramount concern is that students and graduates of the University display and present a positive and respectful attitude to their patients/clients, colleagues, supervisors, faculty, staff, community, and to the University. This attitude is key to the successful completion of studies at the University and to excel as healthcare professionals. Students will endeavor at all times to

• utilize titles and surnames when addressing authorized University personnel;
• respect the worth and individuality of every person (e.g., listen/pay attention while others are speaking and promote constructive feedback);
• refrain from disruptive and/or discriminatory behavior;
• refrain from proselytization (proselytization is defined as aggressively and/or harassingly trying to convert, recruit, or induce someone to join one’s own political cause or to espouse one’s own doctrine); and
• respect confidentiality.

Always report any violations of the Code of Conduct to the appropriate institutional official, and report any evidence of cheating, plagiarism, or improper conduct on the part of any student of the institution when there is direct knowledge of these activities. Failure to observe the Student Code of Conduct is professionally unacceptable and could negatively impact academic progression or could lead to a referral to the Professional Misconduct Committee or to the Behavior Intervention Team.

Campus Conduct and Standards

Classroom and Laboratory

Students are expected to arrive at lectures and lab sessions on time with the appropriate clothing and equipment, behave in a respectful manner, and adhere to all policies within the Catalog/Handbook and the course syllabus. The following behaviors are also expected in all lectures and lab sessions:

• No food or drinks are permitted in the lecture or lab areas with the exception of drinks in spill-proof containers. 
• Students are expected to assist the instructors in the organization of equipment before and after the lab activity.
• Students must operate lab equipment in a safe and respectful manner.
• Shoes may not be worn while on the lab tables or mats.

Flex courses may include labs for learning hands-on skills. Lab sessions are typically scheduled for Saturday and Sunday; however, some PT coursework requires weekday attendance. Students are notified of the lab schedule for the next trimester approximately two months before the start of the trimester.

Restrooms

Florida Students: In accordance with Florida law, USAHS maintains a number of restrooms and changing facilities throughout its Florida campuses that are designated either for single occupancy use or the exclusive use by male and female respective to their biological sex at birth. Instructional and administrative personnel who violate Florida law, including by willfully entering a restroom or changing facility designated for the opposite sex for an unauthorized purpose and refuse to leave when asked to do so by any administrative, instructional, security, or law enforcement personnel shall be subject to disciplinary action up to and including dismissal.

Incidents of alleged misconduct should be immediately reported to the Professional Misconduct Committee. All reports of alleged misconduct will be investigated in accordance with USAHS’s established investigative and disciplinary procedures. Student and instructional, administrative, security, and law enforcement personnel also have the right to file a complaint with the Florida Attorney General’s Office alleging that USAHS has failed to meet the minimum requirements for restrooms and changing facilities.

Professional Dress and Appearance Code

Because USAHS students are highly visible to the public, the following guidelines are interpreted and enforced in a manner determined by the faculty and administration to be in the best interest of both the University and the health sciences professions. Further, the University may change these guidelines without prior notice to students, although every effort will be made to provide such notice.

The intention of the professional dress and appearance code is that as future health professionals, students’ daily appearance when on campus is analogous to the daily appearance of health professionals and exemplary of ambassadors for the University and health professions.

Students must abide by the following policies regarding professional dress and appearance while on the University campus. The University’s campus consists of the entire physical plant, which includes the student parking lot, faculty and staff parking lots, all classrooms, laboratories, lounges, hallways, lobbies, and libraries. The University is a seven-day-a-week campus and a professional environment. This dress code is in effect during scheduled classroom and lab hours.

• University ID: The University ID must be properly exposed above the waist on the front collar or on a lanyard at all times.
• Grooming: Students must portray the well-groomed appearance of a responsible health professional. Hair must clean, neat, of natural color, and will not be excessively long. Nails must be groomed to ¼-inch or less. Students must be cleanly shaven or well-groomed; beards or mustaches are acceptable. No heavy makeup, perfume, cologne, or aftershave.
• Accessories, jewelry, body piercings, and tattoos: All accessories and jewelry shall be free of writing, pictures, symbols, or any other insignia that are crude, vulgar, profane, obscene, libelous, slanderous, or sexually suggestive. Any accessory or jewelry that creates a safety or health concern or causes or threatens to cause a disruption to the educational process is prohibited. Dark glasses, sunglasses, hats, caps, visors, and other head coverings except those worn for religious, cultural, or temporary medical purposes shall not be worn indoors. Visible tattoos may not have offensive words, symbols, imagery, or content. Students may be asked to cover tattoos during certain academic activities and clinical experiences occurring either on or off campus based on the expectations of the site and during on-campus guest lectures or lab experiences. 
• Swimsuits: Recreational and instructional swimsuit attire must not be disruptive or distracting. Option 1: one-piece swimsuits. Option 2: mid-thigh swimsuits/shorts. All swimsuits must remain nontransparent when wet and must fully cover the chest and buttocks. A person wearing inappropriate swimsuit attire will be required to wear shorts and a shirt. 

All students must maintain high standards as individuals in order to uphold the reputation of the University and professions. Being neatly dressed, well-groomed, and avoiding faddish modes of dress is required. It is University policy that students maintain University dress code while on the University’s campus or while participating in any coursework outside the University’s campus. The following outlines the required Professional Dress and Appearance Code for scheduled events.

Lecture Attire

• Acceptable Attire
  • Example 1: Only collared shirts (e.g., button-down oxford or polo shirt) are permitted. Shirts must be of a length that can be tucked into and remain in the pants. Dress or walking shorts (i.e, just above the knee) or casual dress pants are preferred. Jeans are acceptable provided they are in good condition. Dress sandals (e.g., Teva or Birkenstocks), clean tennis or running shoes, or any other closed-toed shoe.
  • Example 2: Shirts with sleeves; however, a professional-looking, sleeveless blouse is acceptable. Shirts must be of a length that can be tucked into and remain in the pants. Dress or walking shorts (i.e., just above the knee) or casual dress pants are preferred. Jeans are acceptable provided they are in good condition. Skirts and dresses may not be unreasonably short for a practicing health professional. Dress sandals, clean tennis or running shoes, or any other closed-toed shoe with socks/stockings are acceptable.
• Unacceptable Attire
  • Shirts without collars (except blouses), ​T-shirts, tank tops, low-cut shirts, yoga, hip-hugger pants, grunge-look pants, bib overalls, and beach-casual or flip-flop sandals are not acceptable.
  • Underwear is not permitted to show outside or through the clothing. No exposure of midriffs, cleavage, or gluteal fold is permitted.

Guest Lecture Attire

On occasion, students are required to wear business attire on days when guest lecturers and/or others are visiting the University. Students may also be required to wear business attire when giving formal presentations or case presentations as a part of their coursework. Appropriate business attire includes a business suit including jacket, dress shirt, and a tie, or a blazer; dress pants with a dress shirt and tie; or a business suit (skirt or pants) including a jacket and blouse. Skirts may not be unreasonably short for a professional healthcare environment (i.e., skirt hems should be no higher than three inches from the top of the patella). Shoes are to be closed toe and closed heel. Course instructors reserve the right to modify or further specify the required dress for guest lectures or presentations. Refer to individual course syllabi for further requirements.

Laboratory Attire

Certain labs require laboratory dress and some require special dress for physical assessment or manual techniques inducing perspiration or for the handling of special materials. Unless otherwise noted in the class syllabus, students may arrive on campus in laboratory attire if lab is their first scheduled class of the day. However, students must change from laboratory attire into lecture attire for the remainder of their scheduled classes. Students without lab as their first scheduled class must arrive on campus in lecture attire and change into laboratory attire immediately prior to a lab session.

Specifications for alternate lab attire as defined in the course syllabi are as follows:

• Solid color gym shorts that allow for modesty and free movement and a plain, solid-colored T-shirt are acceptable. T-shirts should be devoid of any print or pictures with the exception of the official USAHS logo, which is permissible. T-shirts must be clean, properly sized, and be of a length that can be tucked into and remain in the pants. When T-shirts are approved for university-sponsored activities, students will be notified if they are also approved as lab wear.
• Athletic shoes with socks are required.
• Nails must be groomed to ¼-inch or less; no artificial nails.
• Scrubs that include short- or long-sleeve tops and matching bottoms (pants or knee-length skirt) or a dress are acceptable for certain labs (e.g., Anatomy dissection and Neuroscience) as defined by class syllabi. 
• For many labs a sports bra, halter-top, or bathing suit top that exposes the scapulae and can be unfastened at the back is needed.
• Jean shorts, cargo-style shorts, cutoffs, or bright neon shorts are not acceptable. Underwear is not permitted to show outside or through the clothing. No excessive exposure of midriffs, cleavage, or gluteal fold is permitted.

Students requiring medical or cultural allowances for certain policies, including for the Professional Dress and Appearance Code, must receive an approved accommodation as outlined in the Accessibility and Accommodations policy.

Clinical Affiliation Attire

Please refer to the Clinical Education Handbook. The student should comply with the dress code of the clinical facility and adhere to the dress code standards published in the University Catalog/Handbook.  

Miami and Dallas Campuses Dress Code 

• Acceptable Attire
  • Solid color polo-type shirts are permitted. Shirts must be tucked into and remain in the pants/shorts. A belt must be worn. Dress or walking shorts (chino-style and above the knee) or casual dress pants are required. Acceptable color for pants and shorts is brown, black and shades of brown and black. 
  • Clean tennis or running shoes or any other closed-toed shoe is acceptable. Socks are required and must be solid-colored and ankle length.​

^{Examples of acceptable colors of pants/shorts.}

• Unacceptable Attire
  • Shirts without collars (except blouses), ​T-shirts, tank tops, low-cut shirts, yoga pants, hip-hugger pants, grunge-look pants, bib overalls, and beach-casual or flip-flop sandals are not acceptable.
  • Underwear is not permitted to show outside or through the clothing. No exposure of midriffs, cleavage, or gluteal fold is permitted.

Guest Lecture Attire

On occasion, students are required to wear business attire on days when guest lecturers and/or others are visiting the University. Students may also be required to wear business attire when giving formal presentations or case presentations as a part of their coursework. Appropriate business attire includes a business suit with jacket, dress shirt, and a tie, or a blazer; dress pants with a dress shirt and tie; or a business suit (skirt or pants) with a jacket and blouse. Skirts may not be unreasonably short for a professional healthcare environment (i.e., skirt hems should be no higher than three inches from the top of the patella). Shoes are to be closed-toe and closed heel. Course instructors reserve the right to modify or further specify the required dress for guest lectures or presentations. Refer to individual course syllabi for further requirements.

Laboratory Attire

Certain labs require laboratory dress. These are scrubs. Scrubs for labs must be a solid color with matching tops and bottoms (i.e., rehab professional). Scrub dresses and skirts (below the knee) are permitted.

Alternate Lab Attire

Some labs require special dress for physical assessment or manual techniques inducing perspiration or for the handling of special materials. Students are required to change to and from lecture and laboratory attire immediately preceding and after laboratory class.

Specifications for alternate lab attire as defined in the course syllabi are as follows:

• Above the knee gym shorts (2–6 inches above the knee) must be a solid color that allows for modesty and free movement and a plain, solid-color T-shirt are acceptable. T-shirts should be devoid of any print or pictures with the exception of the official USAHS logo, which is permissible. T-shirts must be clean, properly sized, and of a length that can be tucked into and remain in the pants.
• When T-shirts are approved for University-sponsored activities, students will be notified if they are also approved as lab wear. Athletic shoes with ankle socks are required. Nails must be groomed to ¼-inch or less with neutral polish only (no artificial nails). 
• Shoes must be clean tennis or running shoes; socks are required and must be solid-colored and ankle length. 
• Jewelry must be removed.
• For many exercises and manual therapy labs, women will be required to wear a sports bra, halter-top, or a bathing suit top that exposes the scapulae and may be unfastened at the back. Please note an appropriate T-shirt or polo shirt must be worn over this until asked to remove it.
• Jean shorts, cutoffs, or bright neon shorts are not acceptable. Underwear is not permitted to show outside or through the clothing. No exposure of midriffs, cleavage, or gluteal fold is permitted.

Students requiring medical or cultural allowances for certain policies, including for the Professional Dress and Appearance Code, must receive an approved accommodation as outlined in the Accessibility and Accommodations policy.

Accessibility & Accommodations

USAHS is committed to and embraces diversity in all forms. The Office of Student Welfare and Accessibility can help if a student requires reasonable accommodation during his or her coursework or at a clinical site because of a disability, religion, pregnancy/postpartum status. Students seeking reasonable accommodation should follow the steps outlined below and submit such request as soon as reasonably practicable. Requests for clinical accommodations are subject to a priority deadline as outlined at MyUSA, Student Services, Accommodations, Clinical Accommodations. Notice or requests from students outside of the process outlined below and/or notice to other University officials outside of the Office of Student Welfare and Accessibility including faculty, staff, and administrators is not accepted as notice to the University for the purpose of approved accommodations.

To request a reasonable accommodation, a student must complete and submit the appropriate form available through the MyUSA student portal. A delay in submitting the request may result in not receiving approved accommodations for assignments or other academic requirements. The Office of Student Welfare and Accessibility reviews all requests and informs the student in writing of the decision. The student is responsible for notifying his or her instructor(s) of the approved accommodations. Students enrolled in a program that has a clinical component (i.e., MS-SLP, MOT, OTD, DPT, MSN, and DNP programs) should be aware that the clinical environment may have different requirements than the academic environment. As such, students wishing to request accommodation for the clinical portion of the program must submit an additional accommodation request and follow the process outlined above.

Faculty are to adhere to a student’s approved accommodations and are encouraged to seek clarification from the Office of Student Welfare and Accessibility should there be a question or concern about providing the accommodation. Should a student request accommodation other than the approved accommodations, he or she should contact the Office of Student Welfare and Accessibility via accommodations@usa.edu. Faculty members, advisors and/or program directors are unable to alter the approved accommodation.

Disability Accommodations

In accordance with the American with Disabilities Act (ADA), USAHS is dedicated to providing reasonable accommodations to any student with a disability. The University has developed a list of essential functions that a student should possess in order to successfully complete some programs. This list is provided to prospective students as part of the application packet and to newly admitted students as part of the acceptance process. Each student must endorse that he or she has reviewed and understands the list of essential functions. To request reasonable accommodation, a student must complete the Disability Accommodation Request Form (e-form) available through the MyUSA portal, Student Services tab, Accommodations link.

Religious Accommodations

USAHS is committed to providing an academic and work environment that is respectful of the religious beliefs of its students. As part of this commitment, USAHS will make good faith efforts to provide reasonable religious accommodations to students whose sincerely held religious beliefs conflict with a University policy, procedure, or other academic requirements unless such an accommodation would create an undue hardship. To request a religious accommodation, a student must complete the Religious Accommodation Request Form available through the MyUSA portal, Student Services tab, Accommodations link.

Pregnancy and Postpartum Accommodations

USAHS is committed to creating an accessible and inclusive environment for pregnant and parenting students. Students may request reasonable accommodation because of pregnancy, childbirth, or related conditions. Reasonable accommodations vary based on the student’s circumstances but may include academic accommodations, leave of absence or flexibility (such as breaks during class, excused absences, rescheduling of tests, and alternatives to make up missed work).

In addition, USAHS supports students who choose to continue breastfeeding their children after they return to campus. USAHS shall provide clean, private rooms that are easily accessible to students who are nursing. All designated lactation spaces shall be equipped with a table, chair, electrical outlet, window coverings (as needed), and lock from inside. Students planning to breastfeed should do so around their scheduled class times to the extent possible.

Students who wish to discuss or request reasonable accommodation based on pregnancy, childbirth, or related conditions should complete a Pregnancy Accommodation Request Form available through MyUSA portal, Student Services tab, Accommodations link.

Pets and Service Animals

USAHS prohibits bringing a pet (a domestic animal kept for pleasure or companionship) to campus or having a pet in USAHS controlled buildings and premises, with the exception of service animals providing ADA reasonable accommodations for a person with disabilities. As established by the ADA, service animals may not be excluded from University facilities or activities except as provided below. Students requiring a service animal may experience limitations in the number of clinical sites available to them and their desired geographic location.

Definition of Service Animal

The ADA defines a service animal as follows:

“… any … animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.”

Under the ADA, service animals are limited to dogs and other animals that are approved and recognized that meet specific federal and/or state criteria. A service animal must be specifically trained to perform a service function to work on campus for the benefit of an individual with a disability. If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or a training program. Companion or therapy animals are not considered service animals and are not allowed unless otherwise required by law.

Service animals whose behavior poses a direct threat to the health or safety of others or is disruptive to the campus community may be excluded regardless of training or certification. Students who utilize a service animal should notify Student Welfare and Accessibility to facilitate proper notice to university officials on a need-to-know basis.

Responsibility of Service Animal Owner/Partner

The service animal’s owner/partner is at all times solely responsible for the cost of care, arrangements, any responsibilities connected to the well-being of a service animal, and any property damage caused by the service animal. Students with off-campus internships, clinical labs, service-learning opportunities, or other University-related activities must abide by the service animal policy at the off-campus entity.

Requirements of service animals and their owners/partners on campus include the following:

• Animals must meet all public place requirements as mandated by state or local ordinances.
• All animals need to be immunized against rabies and other diseases common to that type of animal.
• All vaccinations must be current.
• Animals must wear a rabies vaccination tag.
• All animals must be licensed per state law.
• Service animals must wear an owner identification tag which always includes the name and phone number of the owner.
• The owner/partner must follow local ordinances in cleaning up after the animal defecates; individuals with disabilities who physically cannot clean up after their own service animal are not required to pick up and dispose of feces.
• Animals must be in good health.
• Animals must be on a leash, harness, or another type of restraint always unless the owner/partner is unable to retain an animal on leash due to a disability.
• The owner/partner must always be in full control of the animal; the care and supervision of the animal is solely the responsibility of the owner/partner.
• The removal of service animals may be requested in certain situations, including if a service animal:
  • is unruly or disruptive (e.g., barking, running around, bringing attention to itself),
  • threatens the health or safety of another individual,
  • displays signs of illness, or
  • is unclean, malodorous, and/or bedraggled.

If improper behavior happens repeatedly or if owners/partners are noncompliant with requirements, they may be told not to bring the service animal into any facility until they take significant steps to mitigate violations. The University is not liable if the service animal causes harm to the University or an individual.

Areas Off-Limits to Service Animals

To ensure safety there may be areas on the campus that are off-limits to service animals. The natural organisms carried by dogs and other animals may negatively affect the outcome of the research. At the same time, the chemicals and/or organisms used in the research may be harmful to service animals. Areas such as research laboratories, mechanical rooms, custodial closets, and areas that require protective clothing may be restricted. Final decisions regarding restricted areas will be made based on the nature of research or machinery and in the best interest of the animal. Exceptions to determinations may be made by a Dean or the Dean’s designee. The natural organisms carried by dogs and other animals may negatively affect the outcome of the research. At the same time, the chemicals and/or organisms used in the research may be harmful to service animals.

Anti-Retaliation

USAHS prohibits retaliation against students for requesting reasonable accommodation or otherwise engaging in protected conduct under these policies. If a student feels he or she has been discriminated or retaliated against, the student should follow the complaints process outlined in this publication.

Behavioral Intervention Team

The Behavioral Intervention Team (BIT) is a multidisciplinary team including representatives from the Office of Student Welfare, Safety and Security, and the Legal department who meet regularly to discuss and respond to reported concerns, as well as potential threats. In addition, representatives from academic leadership, student sucess, human resources, and/or campus directors may also be involved as ad-hoc members depending on the individuals involved in the concerns. The BIT may seek assistance and input from other campus community members or third parties to provide additional information, expertise, or resources in case reviews, as required.

The team receives, assesses, and responds to information about concerning or irregular behavior and/or perceived threats to the safety and security of the campus community. The team’s goal is to identify concerns in their early phases and to work collaboratively with all parties before problems escalate.

The BIT has a designated team leader. As information is gathered in the inquiry process, it is brought back to the team for discussion, evaluation, and response. The BIT documents all reports, actions, referrals, and conclusions.

These behaviors may result in legal, law enforcement, medical, and/or mental health interventions.

Resolution of Concerning or Threatening Behaviors

When the BIT receives a Behavioral Intervention Reporting Form or otherwise becomes aware of concerning or threatening behaviors, the BIT meets to:

1. Conduct Threat Assessment and Interim Measures. Interim Measures may include interim suspension.
2. Conduct Investigation and Outreach, which may include consultation from medical providers or other third parties.
3. Determine the best course of action, which may include a referral to a third-party counseling service such as ComPsych, a formal remediation plan, a referral to the PMC, a recommendation for suspension or dismissal to the President and Chief Academic Officer.
4. When appropriate, follow up with the referral source to provide information on planned outreach and/or resolution.

In such situations where a student is suspended or dismissed, they may appeal their suspension or dismissal to the Chief Academic Officer (CAO). Appeal requests must be made in writing by emailing the Office of Student Affairs at usastudentaffairs@usa.edu within five business days of the date of receipt of the suspension/dismissal letter. The appeal letter should be addressed to the CAO and should include all relevant information and documentation.

Compliance with University Regulations

USAHS seeks resolution of all issues through the process of reason and expects all members of the University community to be governed by this principle. However, should a student, faculty member, staff member, visitor, invited guest, or other licensee, acting individually or collectively, while on University property engage in violence, destruction of property, or any act that disrupts or interferes with the functioning of the University or disturbs the academic processes of the classroom and ignore or refuse to comply with official directives to desist, the University shall eject said violator from the campus or other University property. In addition, the University may seek to impose such penalties as provided by law. Where circumstances require, USAHS may employ injunctive procedures or call on the civil authority to maintain order. University students, faculty, or staff engaged in such acts are subject to a subsequent review under University policies, which may lead to sanctions, up to and including expulsion or dismissal. 

Diversity Policy

Diversity at the University of St. Augustine for Health Sciences (USAHS) is defined in three ways:

1. Representation of the student, faculty, and staff across all campuses.
2. Allowing for diverse thought, leadership styles, and work environments.
3. Encouraging diverse ways to teach, to promote student cultural awareness, and to engage in scholarly pursuits.

Representation of the student, faculty, and staff across all campuses: The University aims to support diversity by recruiting and retaining students and employees at all levels by

• recognizing that continued success in meeting the needs of our students requires the full and active participation of talented and committed employees who represent a variety of religions, disabilities, ages, ethnicities, races, sexual orientations, and genders; diversity of employees also includes personal and work history, education, functional ability, personality, lifestyle, socioeconomic status, geographic origin, longevity with the organization, degree-program matriculation, and level of employment within the organization;
• supporting admission to students regardless of sex, gender, gender identity, gender expression, race, ethnic origin, age, disability, marital status, veteran status, religious creed, or sexual orientation; and
• offering educational support to all students, including providing reasonable accommodations.

Diverse thought, leadership styles, and work environment: The University believes that diversity encompasses the way we work, the work environment, and respect for people and ideas. It also encompasses varying management styles and ways of thinking, leadership abilities, skill levels, experiences, viewpoints, expression of thoughts, and differing ways of delivering services, provided there is consistency in the values we share. By fostering an atmosphere of equity and support, we value and appreciate the strengths afforded by the differences, styles, ideas, and organizational contributions of each person. For it is through diversity that our institutional core values and mission can best be met.

Encouraging diverse ways to teach, to promote student cultural awareness, and to engage in scholarly pursuits: The University supports faculty who offer diverse clinical expertise and approaches to patient management as a way to promote health science professional curricula that allows graduates to work with a diverse client population. Efforts are made to support cultural competence throughout the curricula and meet expected student learning outcomes in this area. Faculty are encouraged to promote diverse scholarly endeavors that involve various clinical, patient management, health promotion, and education research topics, with careful attention to the safety, confidentiality, and privacy of all research subjects.

Diversity is inclusion. It stresses equal opportunity, recognizes and respects the multitude of differences that employees and students bring to our workplace and classrooms, and acknowledges the changing face of the community we serve. The affirmation of diversity and full cooperation by all managers, supervisors, employees, and students is expected.

Nondiscrimination and Anti-Harassment Policy

It is the policy of USAHS that each member of the University community be permitted to work or attend class in an environment free from any form of discrimination, including race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition (e.g., cancer or genetic characteristics), marital status, pregnancy status, sex, age, sexual orientation, gender identity, gender expression, or veteran status, as prohibited by state and federal statutes. This policy applies to students, faculty, employees, and applicants for admission or employment.

For sexual discrimination concerns, refer to the Title IX and Sexual Misconduct Grievance Reporting Policy & Procedures below.

For concerns related to disability discrimination and to report harassment or discrimination concerns about another student or concerns regarding University employees, policies, and events, please see the Complaints Policy.

Title IX Policy and Procedures

THE FOLLOWING POLICY APPLIES, UNLESS SUBJECT TO LEGAL ACTION THAT PROHIBITS ENFORCEMENT. IN SUCH CASES, THE COMPLAINT WILL BE REVIEWED IN ACCORDANCE WITH THE 2020 TITLE IX POLICY.

Introduction

The United States Department of Education (DOE) mandates that institutions comply with specific requirements under Title IX of the Educational Amendments of 1972. Title IX is a federal civil rights law that prohibits discrimination on the basis of sex. The University of St. Augustine for Health Sciences (“USAHS” or “the University”) is committed to providing a safe educational and working environment, free from discrimination and retaliation, for its students, faculty, staff, and other members of the university community.

USAHS believes that all members of the University community should be free from all acts of sex discrimination. USAHS does not discriminate on the basis of sex and prohibits sex discrimination in the education programs and activities that it operates and is required by Title IX not to discriminate in such a manner. Further, the requirement not to discriminate extends to admission and employment.

USAHS does not discriminate on the basis of a person’s current, potential or past parental, family or marital status; pregnancy or related condition. Further, USHAS is committed to providing reasonable modifications for students and employees who are pregnant or have related medical conditions. Student Welfare and Accessibility provides reasonable modifications for students in alignment with the Accessibility and Accommodations policy. Human Resources provides reasonable modifications for employees in alignment with the USAHS Employee Handbook.

All members of the University community and all visitors, regardless of sex, are advised that any sex discrimination by any student, employee, or third party is prohibited. Any attempt to commit sex discrimination, or to assist or willfully encourage any such act, is a violation of the Title IX policy (“Policy”). Sex discrimination is contrary to the basic values of USAHS, which include promoting a sense of community, fostering learning, instilling integrity, and achieving excellence. USAHS is committed to providing for the prompt and equitable resolution of all complaints of sexual discrimination.

This Policy applies to all complaints of sex discrimination in USAHS’ education programs and activities. It prohibits conduct that: occurs on campus or other University property; occurs in connection with University educational programs or activities, which includes locations, events, or circumstances over which USAHS exercises substantial control; and conduct that is subject to USAHS’ disciplinary authority. Additionally, USAHS will address a sex-based hostile environment under its education program or activity, even when some conduct alleged to be contributing to the hostile environment occurred outside USAHS’ education program or activity or outside the United States. This Policy prohibits sex discrimination by all third parties (including but not limited to visitors, guests, volunteers and contractors) on USAHS campuses and during university programs and activities. It also applies to applicants for admission to, or employment with, USAHS. Inquiries about the application of Title IX to USAHS may be referred to USAHS’ Title IX Coordinator, to the Office for Civil Rights, or both. Further, if the alleged harassment/violation does not meet the requirements to be considered a Title IX offense, it may still be an incident requiring investigation under the Student Code of Conduct, Title VII, and/or other disciplinary/investigatory proceedings.

Violations of this policy may result in disciplinary action up to and including removal from the University for students and termination of employment for faculty and staff.

Definitions

1. Complainant:  A complainant is any of the following:

• A student or employee of USAHS alleging conduct that could constitute sex discrimination or retaliation under this Policy.
• A person other than a student or employee alleging conduct that could constitute sex discrimination or retaliation under this Policy and who was participating or attempting to participate in a USAHS program or activity at the time of the alleged sex discrimination
• An authorized legal representative with the legal right to act on behalf of a complainant; or
• The USAHS’ Title IX Coordinator.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have the right to make a complaint:

• Any student or employee of USAHS; or
• Any person other than a student or employee who was participating or attempting to participate in USAHS’ education program or activity at the time of the alleged sex discrimination.

2. Complaint: An oral or written request to USAHS that objectively can be understood as a request for USAHS to investigate and make a determination about alleged discrimination or retaliation under this Policy or Title IX regulations.
3. Confidential Employee:

• An employee of USAHS whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of this Policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;
• An employee of USAHS whom has been designated as confidential under this Policy for the purpose of providing services to persons related to sex discrimination or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination or retaliation in connection with providing those services; or
• An employee of USAHS who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study.

4. Consent:  Consent is defined at USAHS as a clear, unambiguous, and conscious agreement expressed in mutually understandable words or actions to voluntarily engage in specific sexual or intimate activity or conduct. Conduct will be considered “without consent” if no clear affirmative consent, verbal or otherwise, is given. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative Consent is not present (1) if obtained through the use of force, threat, coercion, or intimidation; or (2) when an individual is incapacitated, such as by consumption of drugs or alcohol or being unconscious or asleep; or (3) if given by someone who is not able to effectively communicate or to understand the nature of the conduct being engaged in. Silence or an absence of resistance on the part of the individual does not imply or constitute consent. Past consent does not imply future consent. Consent can be withdrawn at any time. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. The intoxication or recklessness of a respondent is not an excuse for him or her not receiving affirmative consent from the complainant before engaging in a specific sexual activity.
5. Pregnancy or related conditions: Pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
6. Retaliation: Retaliation means intimidating, threatening, coercing, or in any way discriminating against an individual by the University, a student, or an employee or other person authorized by USAHS to provide aid, benefit, or service under USAHS’ education program or activity, for the purpose of interfering with any right or privilege secured by this Policy or Title IX regulations, or because the individual has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sex-based harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sex-based harassment, for the purpose of interfering with any right or privilege secured by this Policy, constitutes retaliation. Retaliation includes peer retaliation, which is retaliation by one student against another student.
7. Respondent: Respondent means an individual who is alleged to have violated USAHS’ prohibition on sex discrimination or retaliation.
8. Sex:  Sex means sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity or expression.
9. Sex Discrimination: Sex discrimination for the purpose of this Policy is defined as treating an individual differently because of (in whole or in part), that individual’s sex stereotypes, sex characteristics, pregnancy or related conditions, their gender or sexual orientation or gender identity, in connection with the terms and conditions of employment or educational opportunities. Sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity or expression. Discrimination does not occur, however, when an individual is treated differently than another individual for legitimate reasons.
10. Sex-based Harassment: A form of sex discrimination, sex-based harassment includes:
    1. Quid pro quo harassment: An employee, agent or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
    2. Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
       1. The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
       2. The type, frequency, and duration of the conduct;
       3. The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
       4. The location of the conduct and the context in which the conduct occurred; and
       5. Other sex-based harassment in the recipient’s education program or activity; or
    3. Specific offenses:
       1. Dating violence, defined as violence committed by a person:
          1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
          2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
             1. The length of the relationship.
             2. The type of the relationship.
             3. The frequency of interaction between the persons involved in the relationship;
       2. Domestic violence, which includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction; or
       3. Stalking, defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
          1. fear for his or her safety or the safety of others; or
          2. suffer substantial emotional distress
       4. Sexual assault, defined as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sex offenses include any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent:
          1. Rape (except Statutory Rape)- The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
          2. Sodomy-Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
          3. Sexual Assault with an Object- To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
          4. Statutory Rape-Sexual intercourse with a person who is under the statutory age of consent.
          5. Fondling-The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
          6. Incest-Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
11. Supportive Measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
    1. Restore or preserve that party’s access to USAHS’ education program or activity, including measures that are designed to protect the safety of the parties or the University’s education environment; or
    2. Provide support during the University’s grievance procedures or during an informal resolution process.

Supportive measures may include counseling, extensions of deadlines, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Reporting Violations of This Policy

Any person may report sex discrimination or retaliation, (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or retaliation), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator below. Students and employees may also find a Title IX complaint form on the USAHS website or on MyUSA. USAHS’ University Catalog/Handbook and Employee Handbook prohibit individuals from knowingly providing false or misleading information to the University.

Filing a Criminal Complaint: Any person has the right to file both a criminal complaint and a Title IX complaint simultaneously.

Employee Reporting Requirements

In addition, USAHS provides for certain reporting requirements of its employees. Any employee (except for Confidential Employees) with knowledge of or who has information about conduct that reasonably may constitute sex discrimination as outlined in this Policy, must notify the Title IX Coordinator. Failure of an employee to report an incident of sex discrimination or retaliation of which they become aware is a violation of this Policy and may lead to disciplinary action for failure to comply/failure to report. This includes situations when a harasser is a mandated reporter – such individuals are required to report their own misconduct, and failure to do so is a violation of this Policy. Employees who are the victims of sex discrimination or harassment may, but are not required, to report. USAHS takes all reports of sex discrimination seriously and, upon receiving notice of any alleged violation of this Policy, shall take immediate steps to address the report.

Employee reporting requirements related to pregnant students

When a student informs an employee of the student’s pregnancy or related conditions, the employee must provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination, while ensuring the student’s equal access to the education program or activity. Once the Title IX Coordinator is notified, USAHS will:

• inform the student of the University’s obligations to students who are pregnant or experiencing pregnancy-related conditions, and restrictions on the University’s disclosure of personal information, as well as provide the University’s notice of nondiscrimination;
• provide the student with the option of individualized, reasonable modifications, as needed, to prevent discrimination and ensure equal access to USAHS’ education program or activity;
• allow the student a voluntary leave of absence for, at minimum, the medically necessary time period and reinstatement upon return; and
• ensure the student’s access to a clean, private space for lactation.

Contact Information for Reports

Title IX Coordinator for all USAHS campuses:
Candice Vasquez
Executive Director, Student Affairs
5401 La Crosse Ave.
Austin, Texas 78739
Phone: 737-202-3335
E-mail: titleix@usa.edu or cvasquez@usa.edu

Any questions or complaints regarding Title IX may be referred to USAHS’ Title IX Coordinator and/or to the Department of Education’s Office of Civil Rights – Regional Division Offices listed below. Additionally, inquiries about the application of Title IX may be referred to the U.S. Department of Education’s Office for Civil Rights, Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Avenue, SW, Washington, DC 20202-1100, 800-421-3481.

To file a criminal complaint please contact the local police department for your campus listed below.

USAHS Florida Campuses

USAHS California Campus

USAHS Texas Campuses

Upon receipt of a report of an alleged Policy violation, the Title IX Coordinator will contact the reporter/subject of the alleged conduct to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed. The individual will be notified of his or her right to confidentiality in regard to public recordkeeping, including Clery Act reporting and disclosures, any accommodations provided, protective measures provided and/or supportive measures provided, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations, protective, or supportive measures.

Confidentiality

The University must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a complaint of sex-based harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by 20 U.S.C. 1232g or 34 CFR part 99 (“FERPA”), or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Given the sensitive nature of reports of sexual violence, the University shall ensure that the information is maintained in a secure manner.

Student Amnesty and Bystander Intervention

USAHS encourages the reporting of possible violations of this Policy. Sometimes, students may be reluctant to come forward and report a possible Policy violation, or serve as a witness, because they are concerned that they may be charged with violating other campus polices, such as USAHS’s alcohol or drug policy. In order to encourage reporting, students who report a possible Policy violation, or who serve as witnesses, will not face disciplinary sanctions for violations of the student conduct code at or near the time of the incident. In addition, students will not face disciplinary sanctions for attempts to assist others in need to address the immediate effects of a violation. Amnesty will be granted as long as the individual’s actions do not place the health or safety of any other person at risk, or involve plagiarism, cheating, or academic dishonesty.

Title IX Coordinator Responsibilities

The Title IX Coordinator will take the following actions to promptly and effectively end any sex discrimination or retaliation in the University’s education program or activity, prevent its recurrence, and remedy its effects:

• Treat the complainant and respondent equitably;
• Offer and coordinate supportive measures, as appropriate, for the complainant. Additionally, if USAHS has initiated grievance procedures, or offered an informal resolution process to the respondent, offer and coordinate supportive measures, as appropriate, for the respondent;
• Notify the complainant or, if the complainant is unknown, the individual who reported the conduct, of the grievance procedures and the informal resolution process, if available and appropriate, and if a complaint is made, notify the respondent of the grievance procedures and, if applicable, the informal resolution process, if available and appropriate
• In response to a complaint, initiate the grievance procedures, and, if applicable, the informal resolution process, if available and appropriate and requested by all parties;
• In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, determine whether to initiate a complaint of sex discrimination that complies with USAHS grievance procedures. If initiating a complaint, notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures;
• Regardless of whether a complaint is initiated, take other appropriate prompt and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that sex discrimination does not continue or recur within USAHS’ education program or activity; and
• Monitor USAHS’ education program or activity for barriers to reporting information about conduct that reasonably may constitute a violation of this Policy and take steps reasonably calculated to address such barriers.

The Title IX Coordinator is not required to comply with the above responsibilities upon being notified of conduct that may constitute sex discrimination if the Title IX Coordinator reasonably determines that the conduct alleged could not constitute sex discrimination under Title IX.

Determination of Supportive or Protective Measures

Upon notification of an incident of sex discrimination or retaliation, USAHS shall take steps to ensure equal access to its education programs and activities for both the complainant and respondent, as necessary, including providing supportive or protective measures before the final outcome of an investigation. The University may offer supportive measures to the complainant or respondent before or after a complaint is received or when a complaint, or any of its allegations, are withdrawn. These measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent. Such measures are designed to restore or preserve access to the University’s education program or activity, including measures designed to protect the safety of all parties or the University’s educational environment, or to provide support during grievance procedures or during the informal resolution process.

Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, , leaves of absence, increased security and monitoring of certain areas of the campus, training and education programs related to sex-based harassment, and other similar measures.

The University must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

USAHS will provide the parties with a timely opportunity to seek, from an appropriate and impartial employee, modification or reversal of USAHS’ decision to provide, deny, modify, or terminate supportive measures applicable to them.

Pursuant to the Clery Act, if a complainant alleging an act of rape, fondling, incest, statutory rape, domestic violence, dating violence, or stalking requests protective measures and they are reasonably available, regardless of whether the complainant chooses to report the crime to local law enforcement, USAHS is obligated to comply with a request for a living and/or academic situation change following an alleged sex offense. Factors that might be considered include the specific need expressed by the complainant; the age of the students involved; the severity of pervasiveness of the allegations; any continuing effects on the complainant; whether the complainant and alleged perpetrator share the same eating areas, class, transportation or job location; and whether other judicial measures have been taken to protect the complainant (e.g., civil protection orders). These measures are designed to protect the Complainant and provide the Complainant with options to avoid contact with the alleged perpetrator. These measures may include a change in academic activities, living, transportation, dining, and working situation as appropriate.

Interim Measures

After the initial report of alleged sex discrimination, possible immediate interim suspension/leave can be invoked on the accused (“Respondent”) if, after undertaking an individualized safety and risk analysis, USAHS determines there is an imminent and serious threat to the health or safety of the campus community arising from the allegations of sex discrimination that justifies removal and provides. USAHS will provide the respondent with notice and an opportunity to challenge the decision immediately following the removal.

Informal Resolution

If the complainant and respondent agree, certain cases may be resolved informally; however, the parties are not required to participate in an informal resolution process. Informal resolution is not permitted if such a process would conflict with Federal, State, or local law. USAHS will not require waiver of the right to an investigation and determination of a complaint as a condition of enrollment or continuing enrollment, or employment or continuing employment, or exercise of any other right. Additionally, the Title IX Coordinator will take other appropriate prompt and effective steps to ensure that sex discrimination or retaliation does not continue or recur within USAHS’ education programs or activities, regardless of an informal resolution process. USAHS has discretion to determine if it is appropriate to offer informal resolution after receiving information about conduct that reasonably may constitute sex discrimination or retaliation or when a complaint of sex discrimination or retaliation is made and may decline to offer informal resolution despite one or more of the parties’ wishes.

 If the parties and the University agree to an informal resolution process, the University must provide to the parties a written notice which:

1. Explains the allegations;
2. Provides the requirements of the informal resolution process;
3. Discloses that, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume USAHS’ grievance procedures;
4. Discloses that if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
5. Discloses the potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
6. Provides what information USAHS will maintain and whether and how USAHS could disclose such information for use in Title IX grievance procedures and if such procedures are initiated or resumed.

If both parties are satisfied with a proposed informal resolution, and the Title IX Coordinator considers the resolution to satisfy USAHS’ obligations to provide a safe and non-discriminatory environment, the resolution will be implemented and the informal resolution process will be concluded. If informal resolution does not resolve the matter, the grievance process will resume. At any point in the process, either the complainant or the respondent may elect to end the informal process in favor of proceeding with the formal grievance process. Further, no statements made during the course of informal resolution can be used or disclosed during the formal grievance process, should it proceed.

Grievance Procedures

USAHS has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by this Policy.

USAHS will treat complainants and respondents equitably. USAHS requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. As long as there is no conflict of interest or bias, a decisionmaker may be the same person as the Title IX Coordinator or investigator. USAHS presumes that the respondent is not responsible for the alleged policy violation until a determination is made at the conclusion of its grievance procedures.

Confidentiality

USAHS will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses. USAHS will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

Additional Allegations

If, in the course of an investigation, USAHS decides to investigate additional allegations of sex discrimination, including sex-based harassment by the respondent toward the complainant that are not included in the notice or that are included in a complaint that is consolidated with other Title IX complaints, USAHS will provide notice of the additional allegations to the parties whose identities are known.

Consolidation of Complaints

USAHS may consolidate complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, when the allegations arise out of the same facts or circumstances or indicate a pattern, collusion, or other similar situations. If one of the complaints to be consolidated is a complaint of sex-based harassment involving a student complainant or student respondent, the grievance procedures for investigating and resolving the consolidated complaint must comply with the University’s grievance procedures for claims of sex-based harassment as outlined below in the Expanded Process. in addition to the requirements of this section. Where a grievance process involves more than one complainant or more than one respondent, references in this section to the singular “party,” “complainant,” or “respondent” include the plural, as applicable.

Time Frames for Process

USAHS has established timeframes for the major stages of the grievance procedures. While each situation is different and there can be no way to determine how long an investigation will take, the Title IX Coordinator shall use his/her best efforts to reach resolution within a reasonable timeframe not to exceed 90 calendar days, exclusive of any appeals, from the date the complaint is reported until the notice of the outcome is provided, unless good cause is shown for an extension. Each major stage below outlines an estimated time frame, including evaluation, investigation, determination and appeal.

USAHS has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay The complainant and respondent will be provided with written notice if there is good cause to extend resolution time frame and the reasons for the extension. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

PLEASE NOTE THAT WHEN A STUDENT IS NOT A PARTY TO THE COMPLAINT, THE PARTIES WILL NOT BE AFFORDED THE FOLLOWING PROCESSES:

• the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney
• access to audio or audiovisual recordings or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions; and
• opportunity to appeal as outlined in Appeals.

Evaluation of Complaint

Upon receipt of a complaint, the Title IX Coordinator will conduct an initial evaluation of the complaint to assess whether the reported conduct may reasonably constitute a violation of this Policy. If the conduct does not reasonably constitute a violation of this Policy, the Title IX Coordinator will dismiss the complaint and, if appropriate, will refer the complaint to another process, such as the Code of Conduct.

The Title IX Coordinator will further determine if the complaint should be investigated using the standard policy (referred to as “Standard Process”) or if it should include additional measures (referred to as “Expanded Process”) when one or more parties is a student and the complaint involves an act determined to be sex-based harassment, as defined in this policy. USAHS will review all available information, including the complaint form, if applicable, documents, and other materials to conduct its initial evaluation and make this determination within 21 calendar days from the date the complaint is reported.

Notice of Allegations

Standard Process. Upon initiation of the University’s grievance procedures, written notice will be provided to the parties of the following:

• USAHS’ Title IX grievance procedures, including if the complaint will be investigated using Process A or Process B, and any informal resolution process;
• Sufficient details available at the time to allow the parties to respond to the allegations and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, the conduct alleged to constitute sex discrimination under Title IX, and the date and location of the alleged incident, if known;
• That retaliation is prohibited;
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence; and
• Notice of the application of USAHS policies related to knowingly making false statements or knowingly submitting false information during the grievance procedure.

Expanded Process. If a complaint is deemed to potentially be a form of sex-based harassment, in addition to the steps in the Standard Process above, additional notice will be provided including:

• The parties are entitled to an advisor of their choice who may be, but is not required to be, an attorney.
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence; and an opportunity to respond.

If, in the course of an investigation, USAHS decides to investigate additional allegations of a violation of this Policy by the respondent toward the complainant that are not included in the original notice, or that are included in a complaint that is consolidated under this Policy, USAHS will provide notice of the additional allegations to the parties whose identities are known.

Investigation

Standard Process. USAHS will provide for adequate, reliable, and impartial investigation of complaints. The burden is on USAHS – not on the parties – to conduct an investigation that gathers sufficient evidence to determine whether a violation of this Policy occurred.

USAHS will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. USAHS will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. USAHS will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence.
• provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
• take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Expanded Process. If USAHS determines to process the complaint under the expanded process, USAHS will also:

• provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate;
• provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney;
• not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding and may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties;
• provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding;
• provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions; and
• provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by USAHS to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless USAHS obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

The investigation will normally include interviewing the complainant(s), respondent(s), witnesses, and other relevant parties and will include a review of any relevant documents and other information. The investigator will also assess the credibility of witnesses to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination, including sex-based harassment. The investigation may include reviewing law enforcement investigation documents (if applicable) and reviewing student and personnel files. Both the complainant and the respondent may provide the investigator(s) with the names of witnesses, documents, and other information. The investigator(s) will exercise his/her discretion in deciding which individuals identified as witnesses during the investigation should be interviewed and which documents or other information should be reviewed. The complainant and the respondent are afforded equal procedural rights during the investigation. The complainant and respondent will be able to present evidence and witnesses to the investigator for consideration of inclusion in the investigation.

If USAHS determines to process the complaint under the Expanded Process, prior to the completion of the investigation, the University will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have at least 10 calendar days to submit a written response, which the investigator will consider prior to completion of the investigation. At any time prior to or during an investigation, the respondent may accept responsibility for some or all of the alleged violations. The matter will then proceed to the sanctioning phase and any appeal of the sanctioning decision.

Determination of Responsibility

Following the investigation and evaluation of all relevant and not otherwise impermissible evidence, USAHS will make a determination of responsible or not responsible, or dismiss the complaint. The investigation and determination will be made within 60 calendar days of the date the investigation is initiated. The determination will:

• Use the preponderance of the evidence standard of proof to determine whether a violation of this Policy occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that a violation occurred.
• Notify the parties in writing of the determination whether a violation of this Policy occurred including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal. USAHS will notify the parties simultaneously in writing of the determination whether a violation occurred including:
  • a description of the allegations;
  • information about the policies and procedures that USAHS used to evaluate the allegations;
  • the decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex discrimination occurred;
  • when the decisionmaker finds that sex discrimination occurred;
  • disciplinary sanctions and/or remedies, if relevant; and
  • USAHS’ procedures and permissible basis for the complainant and respondent to appeal.
• Not impose discipline on a respondent for a violation of this Policy unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in conduct in violation of this Policy.
• If there is a determination that a violation of this Policy occurred, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a complainant and other people USAHS identifies as having had equal access to USAHS’ education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within USAHS’ education program or activity.
• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Sanctions for a violation of this policy may include, but are not limited to, educational requirements, no-contact orders, suspension, dismissal or termination from the University.

In addition to discipline against the respondent, resolutions may include remedies for the complainant, which may include steps such as reassignment of a course section or residency, counseling services, medical services, academic support services, or changes to the school’s overall services or policies, including altering withdrawal penalties within courses. Any remedies offered would be separate from, and in addition to, any protective or supportive measure that may have been provided prior to the conclusion of any investigation. Resolutions may also include remedies for the broader University population, such as training or changes to policies or services.

Complaint Dismissal

USAHS may dismiss a complaint if:

• USAHS is unable to identify the respondent after taking reasonable steps to do so;
• the respondent is not participating in USAHS’ education program or activity and is not employed by USAHS;
• USAHS obtains the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and USAHS determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• USAHS determines the conduct alleged in the complaint, even if proven, would not constitute a violation of this Policy. Before dismissing the complaint, USAHS will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, USAHS will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then USAHS will notify the parties simultaneously in writing. USAHS will notify the complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then USAHS will also notify the respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, USAHS will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, USAHS will, at a minimum:

• offer supportive measures to the complainant as appropriate;
• offer supportive measures to the respondent as appropriate, if the respondent has been notified of the allegations; and
• take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination or retaliation does not continue or recur within USAHS’ education program or activity.

Any dismissal, whether for a claim of sex discrimination or sex-based harassment does not preclude action under another provision of University policy, including, but not limited to, the USAHS Code of Conduct, Behavioral Intervention Policy, Title VII, and/or other disciplinary/investigatory proceedings.

Appeals

USAHS offers the following process for appeals from a determination whether sex discrimination occurred on the following bases:

1. Procedural irregularity that would change the outcome;
2. New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
3. The Title IX Coordinator, investigator(s), or decisionmaker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome of the matter.

The University will:

1. Notify the other party in writing when an appeal is filed, including notice of the allegations, if notice was not previously provided to the respondent;
2. Implement appeal procedures equally for both parties;
3. Ensure that the decisionmaker(s) for the appeal did not take part in the investigation of the allegations or dismissal of the complaint;
4. Ensure that the decisionmaker(s) for the appeal has been trained consistent with the Title IX regulations;
5. Communicate to the parties in writing that USAHS will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
6. Notify the parties in writing of the result of the appeal and rationale for the result.

The University may offer an appeal equally to both parties on additional bases.

Any appeal must be filed in writing within five (5) days from the receipt of the notice of outcome. The Universitywill determine the appropriate individual in University leadership to hear any appeal (“Appeal Officer”), depending on the circumstances of the case, including the identity of the respondent. There is a presumption that the decision, and any sanction or discipline, was made properly, and the Appeal Officer may not substitute his or her judgment for that of the decision-maker.

The Appeal Officer shall give both parties timely notice of the receipt of an appeal. Both parties shall be provided the opportunity to make a written submission to the Appeal Officer. The Appeal Officer shall be limited to the record, including any information that was part of the investigation or the resolution hearing. The Appeal Officer shall not conduct another hearing but may conduct interviews with the complainant, respondent, or witnesses in his or her discretion. The party appealing shall have the burden of proof in any appeal. The Appeal Officer shall use the preponderance of evidence standard in the determination of any appeal.

The Appeal Officer shall give written notice to both parties of the outcome of the appeal, within 30 calendar days from the date the appeal was initiated, and the reasons for his or her decision. The decision of the Appeal Officer is final.

Sources of Counseling, Advocacy, and Support

Victims of sex discrimination can receive assistance immediately by calling the local police department (911, if emergency) and local counseling resources listed by campus below. In partnership with ComPsych (a Student Assistance Program provider), USAHS offers free counseling services and online resources whenever and wherever needed. Students (and members of the student’s household) may call 844-819-4777 (toll free) and be connected to free and confidential highly trained master’s or doctoral level clinicians via phone. Students and household members also have unlimited access to https://www.guidanceresources.com/groWeb/login/login.xhtml. Students will need to use “USAHS” as the Web ID to create a free account. USAHS employees may contact ComPsych (an Employee Assistance Program “EAP”) by contacting 1-844-819-4777 or online at www.guidanceresources.com (Organization Web ID: USAEAP). EAP is a free, confidential resource at USAHS, which means that all conversations will remain confidential and will not initiate any type of investigation into the incident. USAHS students and employees can contact the following off-campus resources for counseling services: The National Domestic Violence Hotline, 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY). For students at the USAHS Florida Campuses: The Betty Griffin Center 24-hour crisis hotlines, Telephone: (904) 824-1555. For students at the USAHS California Campus:  North County Family Violence Center Prevention Services, 330 Rancheros Dr. San Marcos, CA, Telephone: (760) 798-2835. For students at the USAHS Austin, Texas Campus: Victim Services Resources: 24-hour crisis hotlines, Telephone: (512) 974-5037. For students at the USAHS Dallas, Texas Campus: Dallas Area Rape Crisis Center (DARC-C), Telephone: (972) 641-7273.

Complaints Policy

USAHS is committed to providing a learning and working environment in which complaints are addressed fairly and resolved promptly. All complaints are taken seriously. The procedure for handling complaints from current students encourages informal conciliation, facilitates early resolution, and maintains individual privacy and confidentiality. 

Students are encouraged to address concerns or complaints promptly, generally within five business days of the date of the incident or occurrence that has given rise to the concern or complaint. USAHS endeavors to resolve all concerns and complaints; however, delayed reports of a concern or complaint may make the matter harder to investigate and resolve.

Students may utilize the complaint policy below to address concerns that occur within the University including but not limited to the following: 

• seeking clarifications in policies, regulations, and procedures;
• reporting an incident(s) of discrimination or bias; and
• notifying the University of technology or facility concerns.

Please note: Complaints regarding the sexual misconduct policy should be referred to the Title IX Coordinator. Complaints related to grade appeals, academic appeals, academic dismissals, professional misconduct, behavioral intervention decisions, or another policy with an established review or appeal process must follow those procedures as outlined in this publication.

Open Door

Students are encouraged to use the Open Door policy and address issues directly with faculty and staff, before filing a formal complaint. Open communication between students, faculty, and staff is strongly encouraged, and students are free to speak directly with all members of the USAHS community regarding any complaints or concerns that they have. Additionally, the Office of Student Welfare and Accessibility is available to discuss and assist with any concerns or complaints.

Conflict Resolution Assistance

Students may seek conflict resolution assistance from the Office of Student Welfare and Accessibility. Assistance may be a simple clarification of a University policy or information regarding options for resolving the conflict. The Office of Student Welfare and Accessibility may assist by arranging a face-to-face meeting with the other individual involved in the conflict, if possible and appropriate under the circumstances. In all cases, USAHS will try to secure a mutually agreeable solution to any situation.

Formal Complaint Process

While students are encouraged to use the Open Door policy described above, students may also use USAHS’ Formal Complaint Process, described in this section, to resolve a complaint.

Formal Complaint: The Formal Complaint process requires students to complete the Student Complaint Form located at MyUSA, Student Services, Complaints Policy, which the student submits to the Office of Student Welfare and Accessibility at usastudentaffairs@usa.edu. The Office of Student Welfare and Accessibility directs the complaint to the responsible party to investigate and attempt to resolve the complaint. The Office of Student Welfare and Accessibility provides a written summary of any resolution to the student, generally within 30 days after receipt of the written complaint.
Appeals Process: Students may appeal the initial decision in writing to the Grievance Committee by completing the Grievance Form located at MyUSA, Student Services, Complaints Policy within seven days after the response was issued to the student. The Grievance Committee investigates the complaint and gives the student an opportunity to discuss the complaint. The Office of Student Welfare and Accessibility provides a written response to the student from the Grievance Committee, generally within 60 days.

The Grievance Form submitted for the appeal must meet one of the following criteria for consideration.

1. The initial decision failed to comply with the procedural requirements outlined herein and/or elsewhere in this Catalog/Handbook.
2. There is relevant and material evidence that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the review of the initial decision.

Request for Reconsideration: The student may submit a request for reconsideration of the Grievance Committee’s decision, in writing to usastudentaffairs@usa.edu, within seven days after response to the formal complaint is issued to the student. Requests for reconsideration should be addressed to the President and should not be the same letter submitted with the request for appeal.

Requests for reconsideration are forwarded to the President or their designee. For purposes of a request for reconsideration, the President or designee reviews the existing record from the previous investigations. A request for reconsideration is granted only if the student can provide evidence that the Grievance Committee did not follow the procedure as outlined in this policy. Decisions on requests for reconsideration are generally provided within 30 days. The Office of Student Welfare and Accessibility provides a written response to the request for reconsideration to the student at the conclusion of the process. 

Confidentiality

All information submitted as part of a student complaint is treated as confidential and is made available only to the appropriate/involved parties. The student should also respect the need for confidentiality throughout the complaint process. A student who submits a complaint should be aware that complete confidentiality cannot always be guaranteed if effective action is to be taken. USAHS accepts and endeavors to resolve anonymous complaints; however, anonymous complaints may make the matter harder to investigate and resolve.

No Retaliation

No adverse action will be taken against a student as the result of the submission of a complaint through the USAHS complaint procedure. This protection against retaliation shall apply even if the findings of an investigation do not support the nature of the report, so long as the report was filed in good faith; however, students who knowingly file misleading or false reports or without a reasonable belief as to truth or accuracy, are not protected by this policy.

Unresolved Complaints

If a complaint cannot be resolved after following the procedures above, the following agencies can be contacted directly. This information is posted and kept current on the University website.

• WASC Senior College and University Commission (WSCUC)
  • Complaints may be filed with the University’s institutional accrediting body by reviewing WSCUC’s policy on Complaints and Third-Party Comments found at https://www.wscuc.org for information regarding specific procedures for filing a complaint against the University.
  Commission on Accreditation in Physical Therapy Education (CAPTE)

  • To submit a complaint against the Doctor of Physical Therapy program, contact the APTA Accreditation Department at 703-706-3245 or at accreditation@apta.org to obtain the necessary materials for complaint submission. For more information on this process please visit Complaints | Commission on Accreditation in Physical Therapy Education (capteonline.org).

• American Occupational Therapy Association (AOTA)
  • Complaints about the Occupational Therapy program that cannot be resolved after following the University’s procedures may be submitted online by completing the Complaint Against a Program Subject to ACOTE Accreditation form or electronically by sending the completed form as an attachment to an email addressed to accred@aota.org. All complaints against a program must be addressed to the ACOTE Chairperson, c/o the Accreditation Department and signed by the complainant.
  • For more information on this process, please visit Policies & Procedures – ACOTE (acoteonline.org) and review V.B. Procedure for Complaints.
• Council on Academic Accreditation in Audiology and Speech-Language Pathology
  • In addition to opportunities for providing public comment regarding a program’s accreditation status, the CAA has separate procedures for filing a formal complaint about a CAA-accredited program or one seeking a CAA accreditation status. Individuals who wish to file a formal complaint should contact the Accreditation Office at accreditation@asha.org or 800-498-2071 to obtain a copy of the complaint procedures, or refer to the Procedures for Complaints Against Graduate Education Programs on the CAA website.
• Commission on Collegiate Nursing Education
  • Complaints may be directed to the CCNE Complaints Administrator and sent to the CCNE office at 655 K Street NW, Suite 750, Washington, DC 20001
• U.S. Department of Education
  • Complaints about discrimination based on race, color, national origin, sex, age, or disability are handled by the Office for Civil Rights.
    • For more information on this process please visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
• In California
  • A student or any member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling 888-370-7589 or by completing a complaint form at http://www.bppe.ca.gov/enforcement/complaint.shtml.
• In Florida
  • For information on the Commission for Independent Education’s complaint process go to https://www.fldoe.org/policy/cie/student-concerns.stml or contact the Commission for Independent Education, Florida Department of Education at 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399, (toll-free number) 888-224-6684.
• In Texas
  • For more information on making a complaint to the Texas Higher Education Coordinating Board go to https://www.highered.texas.gov/links/student-complaints/. Title 19 of the Texas Administrative Code, Sections 1.110−1.120 governs the rules for student complaints: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=164570&p_tloc=&p_ploc=1&pg=7&p_tac=&ti=19&pt=1&ch=1&rl=116.

Additional States

• In Connecticut contact the Connecticut Office of Higher Education, 450 Columbus Boulevard, Suite 510, Hartford, CT 06103-1841; 860-947-1800; https://ohe.ct.gov/StudentComplaints.shtml.
• In District of Columbia contact the District of Columbia Higher Education Licensure Commission,1050 First St., NE, Fifth Floor, Washington, DC 20002; 202-727-6436; https://helc.osse.dc.gov/topic/helcadmin/community-stakeholders/public-complaints.
• In Georgia contact the Georgia Nonpublic Postsecondary Education Commission at 2082 East Exchange Place, Suite 220, Tucker, GA 30084, 770-414-3300. The complaint process is located at https://gnpec.georgia.gov/student-resources/complaints-against-institution.
• In Iowa contact the Iowa College Student Aid Commission, 475 SW Fifth Street, Suite D, Des Moines, IA, 50309; 877-272-4456. Student Dispute Resolution Form: https://www.iowacollegeaid.gov/StudentComplaintForm.
• In Kansas contact the Kansas Board of Regents, 1000 SW Jackson, Suite 520, Topeka, KS 66612-1368; 785-430-4240; https://www.kansasregents.org/academic_affairs/private_out_of_state/complaint_process.
• In Maryland contact the Maryland Attorney General, Consumer Protection Division, 200 St. Paul Place., Baltimore, MD 21202; 410-528-8662/888-743-0823 (toll-free); or the Maryland Higher Education Commission.
• In Michigan contact the Michigan Department of Licensing and Regulatory Affairs, P.O. Box 30018, Lansing, MI 48909; 517-241-7000; https://www.michigan.gov/leo/bureaus-agencies/wd/pss.
• In Minnesota for more information contact the Minnesota Office of Higher Education Attn: Registration/Licensure 1450 Energy Park Drive, Suite 350 St. Paul, MN 55108 Tel: 651-642-0567 or 1-800-657-3866,  TTY Relay: 1-800-627-3529, Fax: 651-642-0675; https://www.ohe.state.mn.us/mPg.cfm?pageID=1078.
• In New Mexico contact the New Mexico Higher Education Department, 2044 Galisteo Street, Suite 4, Santa Fe, NM 87505-2100; https://hed.state.nm.us/students-parents/student-complaints.
• Students in Oregon: Students should attempt to resolve any grievances they may have with their school first. Should attempts to resolve these problems with appropriate school officials fail, or should the student be dissatisfied with the final outcome of the college complaint process, then the Higher Education Coordinating Commission (HECC), can respond to a formal complaint. Students may contact the Higher Education Coordinating Commission, 3225 25^th St. SE, Salem, OR 97302 or by sending an email to complaints@hecc.oregon.gov. Students may also access the HECC Complaints web page for information at https://www.oregon.gov/highered/about/Pages/complaints.aspx.
• The Tennessee Higher Education Commission requires that all students know of their rights in a grievance situation, including contacting the Tennessee Higher Education Commission, Nashville, TN 37243-0830; 615-741-5293 if grievances are not resolved at the institutional level.
• In Utah contact the Utah Division of Consumer Protection, 160 East 300 South, 2nd Floor, PO Box 146704, Salt Lake City, UT 84114-6704; https://db.dcp.utah.gov/complaints.html. Students can file a complaint at any time with the Utah Division of Consumer Protection. 
• The Washington Student Achievement Council (WSAC) has authority to investigate student complaints against specific schools. WSAC may not be able to investigate every student complaint. Visit https://www.wsac.wa.gov/student-complaints for information regarding the WSAC complaint process.
• In Wisconsin contact the Department of Safety and Professional Services – Educational Approval Program, P.O. Box 8366, 4822 Madison Yards Way, Madison, WI 53705; www.dsps.wi.gov; dspseap@wisconsin.gov; 608-266-1996.

USAHS has taken the necessary steps to apply and/or receive authorization to deliver education, to market, and to affiliate with clinical education sites in most states.

Professional Misconduct

The following sections describe USAHS’ Professional Misconduct (PMC) Policy.

Reporting a Professional Misconduct Violation

A student, faculty member, or any other member of the community may submit a report related to a student’s professional misconduct. Reports for student misconduct should be submitted to pmc@usa.edu. The Office of Student Welfare and Accessibility reviews the referral and determines the appropriate level of response. If a PMC hearing is deemed appropriate, the referral is routed to the Chair of the Professional Misconduct Committee, copying the appropriate Program Director. The Professional Misconduct Committee (PMC), which consists of faculty and staff selected from across the USAHS campuses, is vested with the authority to adjudicate all matters of student misconduct as outlined in this procedure.

All reports should be submitted as soon as possible after the offending event occurs, generally within five business days of the incident or occurrence that has given rise to the report. USAHS endeavors to review and investigate all professional misconduct reports; however, delayed reports may make the matter harder to investigate and result in delays to the timeline specified in this policy.

Misconduct Behaviors

Students who are found in violation of University policies, including but not limited to the Student Code of Conduct and Academic Integrity Policy  may be subject to disciplinary action. Although not inclusive, the following list of misconduct behaviors provides examples of acts that may be subject to disciplinary action, up to and including dismissal.

Refer to the Academic Integrity Policy  for definitions of Academic Dishonesty violations.

Additional misconduct behaviors are outlined in the Student Code of Conduct, and may include but are not limited to:

• Disruption of teaching, research, administration, and disciplinary proceedings or other institutional activities.
• Physical and/or mental abuse of any person or any form of harassment as defined under the Nondiscrimination and Anti-Harassment Policy.
• Failure to follow directives of authorized University personnel acting in the performance of their duties.
• Destruction, misuse, damage, or defacement of any property of others or University property or property leased or controlled by the University whether intentional or by negligence.
• Violence, hazing, or the threat of violence, including possession or use of firearms, fireworks, explosives, incendiary devices, or other weapons of any description, including knives, air rifles, and pistols, on the University campus.
• Unauthorized participation in, agitation of, or instigation of any activity that interferes with ingress or egress from University facilities and/or that interrupts any activities of the University community in its normal functioning.
• The use, possession, sale, or distribution of nonprescription and prescription-controlled substances.
• Permitting or engaging in unauthorized possession, duplication, or use of keys, passwords, or access cards to any University premises, hardware, software, or services.
• Any action without authorization from the University that modifies, destroys, discloses, or takes data, programs, or supporting documents residing in or relating in any way to a University computer, computer system, or computer network, or causes the denial of computer system service to an authorized user of such a system.
• Repetitive violation of any University policy.
• Commission of an act that would constitute a crime under federal, state, or local law.
• Unprofessional behavior during any clinical education experience or any off-campus activity when representing the University.
• Forgery or falsification of any document.
• Providing false or misleading information
• Violation of University policy.
• Failure to complete or comply with PMC sanctions or an established Student Success Plan.

Faculty Role in Professional Misconduct Violations

Faculty may address instances of academic dishonesty as outlined in the Academic Integrity Policy . Additionally, faculty may also make a PMC referral for additional, repeated, or egregious incidences of academic or professional misconduct. Prior to making a referral, faculty may consult a co-chair of the PMC and/or the Director of Student Welfare regarding misconduct concerns to determine appropriate course of action.

Student Success Plan

In lieu of a referral to the PMC, at the Program Director’s discretion, an incident of professional misconduct may result in the development of a Student Success Plan. Failure to follow through on a Student Success Plan by the date(s) specified, whether by refusal, neglect, or any other reason, may result in a conduct hold being placed on a student’s account or referral to the PMC. The Program Director or designee tracks the completion of all requirements in cooperation with relevant parties and departments. Repeated or egregious incidences of professional misconduct should be reported to pmc@usa.edu.

Interim Measures

The PMC Administrator (or designee) may place students on an interim suspension and/or place a registration hold on the student’s account in order to protect the health and safety of students or the community, preserve University property, pursue an investigation and/or hearing, protect academic integrity, or prevent disruption of or interference with the normal operations of the University. In addition, if a PMC hearing cannot be scheduled due to the academic calendar, the student may be placed on an administrative LOA. 

PMC Process

Notice of Hearing

If the misconduct warrants a hearing, the Office of Student Welfare and Accessibility notifies the student in writing of the allegations against him or her and the date and time of the PMC hearing. The Office of Student Welfare and Accessibility makes every attempt to schedule the PMC hearing and notify the student within five business days of receipt of the referral. The hearing provides the student with an opportunity to respond and present his or her version of events, facts, and evidence in his or her defense.

PMC Hearing Procedure

1. The committee co-chair introduces each member of the committee to the student, providing the name, title, and campus of each member.
2. The committee co-chair reviews the general procedures for the meeting and answer any questions the student may have.
3. The committee directs questions to the student regarding the report of misconduct
4. The student provides truthful and full responses to the committee’s questions.
5. The committee members may take written notes throughout the meeting.
6. The student may present evidence that was not submitted with the PMC referral to the committee. Determinations as to the relevance of the evidence are at the discretion of the committee.

Confidentiality

The PMC hearing is a closed, confidential process. However, a student may bring a single advisor with him or her to the PMC hearing after completing a FERPA release form and notifying the committee three business days prior to the hearing. The notification must include the name of the advisor and his or her relationship to the student. The advisor is to be present for support purposes only and does not present on behalf of the student. The student is the only person speaking to the committee on behalf of the student. An advisor who causes disruption to the process will be asked to leave the proceedings. Further, the student is not to bring outside witnesses to the meeting. Statements from outside witnesses can be submitted for the committee’s consideration as part of the review process.

Notice of Outcome

After reviewing all evidence and information regarding the allegation, the Professional Misconduct Committee uses the preponderance of evidence standards to determine responsibility and appropriate sanctions.

If the Professional Misconduct Committee finds that the facts do not support the allegation(s), the student shall be found not responsible and notified of the outcome.

If the Professional Misconduct Committee finds the facts support the allegation(s) against the student, the student shall be found responsible, and the Professional Misconduct Committee assigns sanctions.

The PMC co-chair notifies the student, using the student’s University-issued email address, of the Committee’s decision through a formal decision letter. Additionally, the student’s Program Director and any parties involved in the completion and review of sanctions will also receive a copy of the decision letter. Decisions are not final until this letter is sent to the student. The PMC seeks to issue its decision within three business days after the hearing but may require additional time to render the decision.

Sanctions

Sanctions are determined based on the severity of the violation, past conduct history, and any aggravating or mitigating factors. One or more of the following sanctions may be imposed on any student for any single violation of University policy and/or rules. Sanctions include but are not limited to those outlined below.

Status Sanctions

1. Warning: The student receives a written notice stating he or she violated University policy and/or rules. The written notice specifies that inappropriate and unacceptable actions have occurred and that more severe disciplinary action will result should the student be involved in other violations while the student is enrolled at the University.
2. Suspension: The student is separated from the University for a specified period. Separation includes physical and electronic removal from the University. During the suspension, students do not have access to Blackboard, and security deactivates the student’s ID badge. The Registrar’s Office withdraws the student from all classes for the specified term(s). Students who are suspended enter inactive status for the specified period and are not eligible for a refund for incomplete courses outside the University’s Refund Policy . Students should check with Financial Aid to determine whether their student loans will enter into repayment during their suspension. Upon satisfaction of the specified period of suspension and any other outstanding sanctions, the student is notified that their suspension has ended and is eligible to return to the University.
3. Dismissal: The student is withdrawn from their program and permanently separated from the University. Separation includes physical and electronic removal from the University. The student does not have access to Blackboard, and security deactivates the student’s ID badge. The student is barred from being on campus, and the student’s presence at any University-sponsored activity or event is prohibited. The Registrar’s Office withdraws the student from all classes for the term. Students who are dismissed enter inactive status, are not eligible for a refund for incomplete courses outside the University’s Refund Policy  and should check with Financial Aid to determine when their student loans will enter into repayment.

Educational Sanctions

The following Educational Actions can be assigned in addition to the issuance of a warning letter or suspension.

1. Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student was found responsible.
2. Community/University Service: Requirement for a student to complete a specific supervised University service.
3. Behavioral: Includes required activities such as, but not limited to, seeking academic counseling, mental health counseling assessment, personal counseling, and writing a letter of apology.
4. Research Projects: This includes required activities such as, but not limited to, writing papers or creating educational materials and bulletin boards.

Restrictive Sanctions

Restrictive sanctions modify a student’s privileges.

1. Banning/Trespass: The student’s privilege to be present at or utilize certain buildings, facilities, classrooms, and the like are restricted. Temporary exceptions to banning/trespass for University-related business may be granted upon request.
2. Eligibility Restriction: The student may be deemed ineligible to hold any office in any student organization recognized by the University or hold an elected or appointed office at the University, or the student may be deemed ineligible to represent the University to anyone outside the University community in any way including participating in the study abroad program, attending conferences, or representing the University at an official function, event, or intercollegiate competition.
3. Loss of Privileges: The student is denied specified privileges for a designated period.
4. Confiscation of Prohibited Property: Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the Professional Misconduct Committee.

Restorative Sanctions

These sanctions are intended to repair damage that is caused by misconduct.

1. Apology: The student composes an apology letter.
2. Restitution: Compensation for damage caused to the University or any person’s property. This is not a fine but, rather, a repayment for destroyed, damaged, consumed, or stolen property.

Failure to Follow Through on Conduct Sanctions

All students, as members of the University community, are expected to comply with conduct sanctions within the time frame specified by the PMC decision letter. If a student fails to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, the PMC sends a Notice of Noncompliance, may also result in a hold being placed on a student’s account or suspension from the University. The Office of Student Welfare and Accessibility tracks the completion of all sanctions in cooperation with relevant parties and departments.

PMC Appeal Process

Right to Appeal

Any student may appeal a PMC decision to the program’s highest level of leadership (i.e., Program Director, Associate Dean, or their designee) if it meets any of the following criteria:

1. The PMC failed to comply with the procedural requirements outlined herein and/or elsewhere in this Catalog/Handbook.
2. There is relevant and material evidence that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the PMC.
3. The evidence presented at the PMC hearing was not enough to justify being found responsible for a policy violation.

Requesting an Appeal

To request an appeal, the student must provide to the Office of Student Welfare and Accessibility a completed PMC Appeal Request Form (available at MyUSA, Student Services, Professional Misconduct) along with a written statement of the basis for his or her appeal within five business days from the date the decision letter is emailed to the student’s USAHS email address. If the Office of Student Welfare and Accessibility has not received the completed form and written statement (email or letter is acceptable) within the specified time frame, the decision of the PMC will be final and no further appeals are available to the student. If an appeal is filed (and meets one of the three criteria above) the Office of Student Welfare and Accessibility, within 10 business days, will forward to the program’s highest level of leadership or their designee the student’s completed PMC Appeal Request Form and written statement, along with copies of all materials provided to the PMC, and the written decisions of the PMC. However, if the appeal does not meet the standards outlined above, the student will be notified their request for appeal is denied. Please note if a student is suspended or dismissed, he or she will remain in that status and is not considered an enrolled student during the appeal period and is therefore not eligible for financial aid. Similarly, students who are suspended or dismissed will not be able to participate in clinical experiences while appeals are in progress. 

Role of Program Leadership

Upon receipt of the PMC Appeal Request Form, the program’s highest level of leadership or their designee will review the students file and written statement. The program leader/designee is not required to meet with the student but may do so if there are questions regarding the evidence the student provided. The program leader/designee may meet with the PMC co-chair or committee if additional information or clarification is needed.

Decision of the Program Leadership

Upon receipt of the request for an appeal, the program leader or their designee has the authority to uphold, overturn, or modify the decision of the Professional Misconduct Committee. The program leader/designee will seek to notify the student of the decision within five business days from receipt of the student’s appeal letter. The student will receive the decision letter from the Office of Student Welfare and Accessibility via the student’s University-issued email address. Once a final appeal decision is rendered by the program leader/designee, the student does not have access to the appeal process for the same issue again.

Request for Reconsideration to the Chief Academic Officer

Students may, under limited circumstances described below, make a request for reconsideration to the Chief Academic Officer (CAO). Requests for reconsideration of the decision of the program leader/designee must be made in writing by emailing the Office of Student Welfare and Accessibility at pmc@usa.edu within five business days of the date of receipt of the program leader/designee’s decision letter. The request for reconsideration letter should be addressed to the CAO and should not be the same letter submitted with the request for appeal. A request for reconsideration to the CAO is granted only if sanctions include suspension or dismissal and the student can provide evidence that the program leader/designee did not follow the procedure as outlined in this policy. 

Role of the Chief Academic Officer

Upon receipt of the request for a reconsideration letter, the CAO will determine if reconsideration is warranted. The CAO is not rehearing the case and is not required to meet with the student. The CAO may meet with the program leader/designee and/or PMC co-chair to verify or clarify information. Once the CAO concludes his or her review, the Office of Student Welfare and Accessibility will notify the student of the CAO’s decision and method of resolution (if applicable). 

Academic Progression during the PMC Appeal Process

Students will have the option to continue in academic and co-curricular activities until a final determination is made, including any appeal, except where the immediate suspension is reasonably required for the safety and welfare of students, faculty, staff, or University property. However, if a student is suspended or dismissed by the PMC, he or she is not eligible to participate in clinical activities and will not be considered an enrolled student during the appeal period and is therefore not eligible for financial aid. 

Faculty/Staff-Student Relations

The University is concerned that faculty/staff-student consensual social, romantic, or sexual relationships may be perceived to negatively affect the integrity of the institution. Those who supervise or evaluate the work of students must be perceived to be making their decisions fairly and without favoritism.

Faculty and staff are cautioned that consensual social, romantic, or sexual relationships with students can prove to be unwise and problematic and must be avoided. When consensual relationships occur any of the following issues may arise:

• Such relationships may undermine the real or perceived integrity of the supervision provided and the particular trust inherent in the faculty/staff-student relationship.
• Relationships in which one party is in a position to review work or influence the academic career of the other may provide grounds for a complaint when that relationship appears to give undue access or advantage, restricts opportunities, or creates a hostile or unacceptable environment for others.
• Such relationships may, in fact, be less consensual than the individual whose position confers power believes. The relationship is likely to be perceived in different ways by each of the parties in it, especially in retrospect. While some relationships may begin and remain harmonious, they are susceptible to being characterized as unprofessional and disrespectful to others.

Additionally, any of the situations above have the potential to create charges of harassment, which could lead to legal problems for a faculty or staff member and the University. Therefore, faculty and staff must not engage in consensual romantic or sexual relationships with current students and will be subject to disciplinary action if found to be in contravention of this policy.

If a faculty or staff member has a preexisting consensual social, romantic, or sexual relationship with a student, the faculty or staff member must immediately notify his or her supervisor and the HR campus manager and in direct collaboration with their Program Director or supervisor, remove him- or herself from decisions concerning the student.

Faculty and staff must be cognizant that the professional relationship with students extends to off-campus interactions, including conference or seminar attendance and other social gatherings.

Teach-Out for Degree Programs

If the University decides to halt enrollments in a program, the University is obligated to develop a plan to teach-out the remaining students in the program. If that occurs, the students will receive timely and complete information regarding individual course plans and a timeline for degree completion.