The Peabody Institute of The Johns Hopkins University

The following misconduct is subject to disciplinary action:

1. Conduct that disrupts or interferes with normal Conservatory or Conservatory-sponsored events, including but not limited to studying, classes, meetings, recitals, concerts, lectures, organized social activities, Conservatory administration, or fire, police, or emergency services

2. Conduct that causes, can be reasonably expected to cause, or threatens physical harm to a person

3. Physical or verbal threats against or intimidation of any person which results in limiting his/her full access to all aspects of life at the Conservatory

4. Conduct or a pattern of conduct in which a person approaches or pursues another person with intent to place the person in fear of physical harm or with the intent to harass or to intimidate the person

5. Conduct that violates The Johns Hopkins University hazing policy or other conduct or a pattern of conduct that harasses a person or group

6. Conduct of a sexual nature, including, but not limited to, sexual contact or physical exposure directed at another person(s) without consent

7. Conduct that constitutes sexual harassment of another person

8. Theft or vandalism of Conservatory property, property of others, or knowingly possessing stolen property.

9. The unauthorized use, possession, or storage of any weapons, chemicals, or explosives, including fireworks, on Conservatory property

10. The unauthorized distribution, possession, manufacture, or use of any controlled substances and/or illegal drug paraphernalia (such as, but not limited to, illegal drugs)

11. The possession and consumption of alcohol of individuals under the legal drinking age in Maryland (21 years of age) and the distribution or sale of alcohol to individuals under the legal drinking age

12. Failure to comply with the directions of Conservatory officials, instructors, administrators, staff, or the Baltimore City Police acting in the performance of their duties

13. The unauthorized or improper use of Conservatory facilities, resources, or the Conservatory name or seal.

14. Entry, attempt to enter, remaining without authority or permission in any office, residence hall room, Conservatory-sponsored event, or Conservatory premises

15. Failure to observe Conservatory policies, procedures, rules or regulations

16. Misuse or abuse of any Conservatory computer, computer system, computer or communications service, program, data, network, or resource

17. Setting fires in any building or premises on campus, and/or tampering with fire safety equipment

18. In matters not covered by the Academic Code of Conduct: dishonesty; misrepresentation; fraud; forgery; or knowingly using false information, documents, or instruments of identification.

19. Violation of any law of the United States, law of the state of Maryland, or municipal ordinance

20. Conduct that disturbs the peace or impinges on the rights of residents of neighborhoods where students reside, including, but not limited to, loud parties or excessive noise; shouting or talking that unreasonably disturbs other students or community members; public urination; drinking in public; littering or not disposing of trash appropriately; failure to reasonably maintain yard or premises

21. Conduct that hinders, obstructs, or interferes with investigations, hearings, sanctions, and other implementation process of the Student Conduct Code

22. Failure to appear for a Conservatory disciplinary hearing to testify as a witness when reasonably notified to do so

23. Failure to comply with the terms of a disciplinary sanction. Other behavior may be equally inconsistent with the standard of conduct expected of a Conservatory student and the Conservatory’s commitment to providing an environment conducive to learning and performing

24. Unauthorized soliciting or canvassing by any individual, group, or organization

25. Violations of other published non-academic regulations or policies, including, but not limited to, policies related to discrimination, computer use, practice rooms, and the residence halls

26. Attempting to engage in any of the above prohibited conducts

It is the duty of individual staff members and/or faculty to inform the student when he or she is suspected of non-academic misconduct and to proceed according to the policies set forth in this handbook.

Each student is expected to report to the appropriate staff member or the associate dean for student affairs any violations of the Student Conduct Code. A student making a report of a code violation must name the persons involved so that corrective action can be taken.

Procedures for Alleged Violations of
the Student Conduct Code

Any faculty, staff, or student may initiate a complaint under the code. When evidence of student misconduct is found, the staff member in charge of the administrative area where the violation was alleged to have occurred will review the evidence and facts of the incident promptly and consult with the associate dean for student affairs or designee to determine whether disciplinary action under this code will be taken. Further, complaints may also be generated from law enforcement reports, Campus Security reports, individuals, and entities not affiliated with the Conservatory community. Charges that are referred to the associate dean should be made within 15 days (excluding weekends, official Conservatory holidays, winter and spring breaks) of the occurrence or discovery of the alleged infraction(s). Complainants filing cases after the 15 day filing period may request in writing an extension of the filing period from the associate dean for student affairs. Requests for waivers of the filing period may be made up to one major semester (fall or spring) after the date of discovery of the alleged incident. In such cases, the associate dean for student affairs will evaluate whether a reasonable person might be justified in filing after the 15 day period due to the nature of the charges alleged. The deadline for filing a case will also be extended if there is an alleged violation of the university's discrimination, sexual assault, or sexual harassment policies. In such cases, the complainant will have one year from the date of discovery to file a complaint as set forth in these policies, in writing, and must state the essential facts of the case.

Upon receipt of an allegation of a conduct violation, the associate dean for student affairs or designee shall serve prompt written notice of the charge on the accused student, preferably by hand delivery. The notice shall contain:

1. A description of the alleged violation including, insofar as possible the time, date and place of the alleged act(s)

2. A statement informing the student of the right to inspect in advance of a hearing any relevant documentary evidence

3. A directive notifying the student of the date, time, and place where a hearing of the charges will be held.

With prior approval by the associate dean or designee, students involved in a disciplinary hearing (either as a complainant or respondent) may bring their parents or other individuals to a disciplinary hearing to provide support. Although respondents and other participants may retain legal counsel, legal counsel is not permitted to participate or attend.

The following conditions apply to a disciplinary hearing before the associate dean for student affairs or designee:

1. The student responding to the allegations (i.e., the respondent) shall be afforded the opportunity of appearing personally before the associate dean or designee. [Note: After meeting with the respondent, the associate dean or designee may decide to forgo a hearing where the pertinent facts are not in dispute.]

2. The associate dean or designee, complainant, and respondent charged may call witnesses and/or gather evidence as necessary to determine the respondent’s responsibility or innocence. The associate dean or designee may exercise judgment as to whether witnesses will be present at the hearing or will meet privately with the associate dean or designee. The student will not necessarily have the opportunity to question witnesses directly, but the associate dean or designee may determine that more than one meeting is needed to allow time to re-interview witnesses before rendering a final decision.

3. The associate dean or designee will provide the respondent with a written statement of the findings, and if the student is found responsible for the acts which led to the charges, the statement will include the sanctions the associate dean or designee has imposed. In cases involving sexual assault, sexual violence, or sexual harassment, the complainant will also receive a written statement of findings and sanctions, if imposed.

4. The findings will be shared with the dean of the Conservatory.

5. The student may appeal the ruling by the designee to the associate dean for student affairs within seven days of the designee's decision. If the associate dean adjudicated the case, then the student may appeal the ruling to the dean of the Conservatory within seven days of the associate dean's decision. In cases of sexual assault, sexual vio- lence, or sexual harassment, the complainant may appeal the ruling according to the procedures set forth under the "Appeals" section of this Code.

A preponderance of the evidence standard will be used to evaluate allegations. A preponderance of the evidence is a measure of proof that a reasonable person would accept as "more likely than not" that a fact is true or an incident occurred.

If a respondent fails to appear for a hearing and the associate dean for student affairs or designee determines that such action constitutes a violation of the Student Conduct Code by a preponderance of the evidence, the student will have waived his/her right to appear, and the hearing will be conducted in the student’s absence.

When a student is found responsible for misconduct by the associate dean for student affairs or designee, the following sanctions may be imposed singly or in combination. The Conservatory, in its sole discretion, may impose any sanction or combination of sanctions, up to and including expulsion, for any violation of policy or the Student Conduct Code. In imposing sanctions, the nature and circumstances of the offense, the student’s prior record, and other factors deemed pertinent may be considered.

Disciplinary warning: The student receives written notice that continuation or repetition of conduct that has been judged wrongful or inappropriate, within a period of time stated in the warning, will be case for more serious disciplinary action.

Disciplinary probation: The student is notified that s/he is no longer in good conduct standing with the conservatory and that further violation of Conservatory regulations during the probation will likely result in disciplinary separation. A file is maintained in the Student Affairs Office.

Removal from the residence halls: A student’s privilege to reside on campus is terminated. No refund will be granted.

Disciplinary suspension: A student must withdraw from the Conservatory for a specified length of time. Suspension from academic course work includes exclusion from all academic privileges and co-curricular activities. A file is maintained in the Student Affairs Office, and a copy of the notification letter is filed in the student's academic records. A notation on the student's permanent record may also be ordered. Parents will be notified of suspension. No refunds will be granted.

As part of disciplinary warning, disciplinary probation, removal from residence hall, or suspension, the following conditions may be applied, among others:

• Restitution

• Fines

• Community service

• Rehabilitative and/or educational activities

• Parental notification for alcohol and/or illegal drug violations

• Exclusion from specific aspects of community life such as participation in commencement exercises, entry into residence halls, or use of conservatory facilities or equipment for a specified period of time

• Barring of Contact which encompasses all forms of communication whether it occurs on campus or off campus, domestic or international, including, but not limited to, contact in person, in writing, by any electronic means (including email, instant messaging, blog postings, changing screen names, Facebook postings, etc.), by telephone (including text messaging), or by proxy (any third party). A barring may be issued at any time, prior to any disciplinary charges or in lieu of disciplinary charges in order to protect the health and safety of the parties.

Expulsion: An individual’s status as a student of the Conservatory is terminated. The action will be permanently recorded on the student’s academic transcript. No refunds will be granted.

Revocation of degree: A student’s degree is rescinded by the Conservatory.

Cases of Sexual Assault or Sexual Harassment

Cases involving charges of sexual assault, sexual violence, or sexual harassment shall be heard by the associate dean for student affairs, in consult with the university's Title IX Coordinator. Persons who believe they have been sexually abused or assaulted by Peabody students are encouraged to contact the Student Affairs Office, or the university's Office of Institutional Equity. Referrals to support services and modifications to academic or living arrangements, if appropriate, will be made. The disciplinary process for sexual assault complaints will be explained for those who wish to consider initiating a complaint. Both the complainant and respondent will be informed of the resolution of the disciplinary proceeding arising from the complaint that a sexual assault has been committed. Students may bring complaints about acts of sexual harassment committed by Peabody students to the associate dean for student affairs for disciplinary action. Students may also bring complaints of sexual harassment committed by faculty, staff, or students to heads of departments, the dean, director of a division, or the university's Office of Institutional Equity.

Interim Suspension

The associate dean for student affairs reserves the right to suspend a student when his or her conduct indicates that his or her continued presence on campus constitutes a danger to the normal operation of the institution, or to the safety of himself or herself or others, or to the property of the Conservatory or of others. The interim suspension shall continue until the completion of disciplinary proceedings or until the conduct giving rise to the interim suspension is resolved.

Appeals

An appeal to the associate dean for student affairs or the dean of the Conservatory must be in the form of a written statement setting forth the grounds for the appeal and must be made within seven days of the designee's or the associate dean's decision. Grounds for appeals are limited to the following: questions challenging adherence to procedures, the presentation of new information that significantly alters the finding of fact, or challenges to the proportionality of the sanctions imposed to the transgression. The associate dean or dean may meet with the respondent and, where necessary, with the complainant, before reaching a decision. The associate dean or dean will make a written report of the disposition of each appeal to the student filing the appeal and to the designee or associate dean who first heard the case in question. The decision by the associate dean or the dean is final and not subject to further review.

Records

The associate dean for student affairs shall maintain records of all disciplinary proceedings. The associate dean shall also maintain in confidential records a list of names of students found responsible for violations of the Student Conduct Code. Access to the confidential records shall be limited to the director of the Institute, the dean of the Conservatory, the associate dean for academic affairs, and the associate dean for student affairs. This list shall be used to determine whether a responsible student's offense is of a first-time nature, determination of which may have a bearing on the sanctions imposed.