STUDENT HANDBOOK - Ross University School of Medicine

STUDENT HANDBOOK

Academic Year 2023-2024

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CONTENTS 
USING THE STUDENT HANDBOOK .......................................................................................................................... 1 
MESSAGE FROM THE DEAN ................................................................................................................................... 2 
PROFESSIONALISM AND CONDUCT ........................................................................................................................ 3 
STANDARDS OF EXPECTED CONDUCT AND BEHAVIOR ............................................................................. 3 
RUSM TECHNICAL STANDARDS ................................................................................................................ 4 
AMA ETHICAL PRINCIPLES ........................................................................................................................ 6 
HONOR SYSTEM ....................................................................................................................................... 7 
CODE OF CONDUCT .................................................................................................................................. 8 
CONDUCT COMPLAINT AGAINST STUDENT – POLICY & PROCEDURES .................................................... 12 
ALCOHOL AND SUBSTANCE ABUSE POLICY ............................................................................................. 18 
CONTROLLED DRUGS PRESCRIPTION POLICY .......................................................................................... 20 
DRUG TESTING ....................................................................................................................................... 20 
SOCIAL MEDIA POLICY ............................................................................................................................ 21 
SEX AND GENDER-BASED MISCONDUCT RESPONSE AND PREVENTION .................................................. 23 
COMMITMENT TO NON-DISCRIMINATION AND NON-HARASSMENT ..................................................... 39 
TITLE IX POLICY ...................................................................................................................................... 41 
STUDENT COMPLAINT AGAINST UNIVERSITY – POLICY & PROCEDURES ................................................. 55 
ACADEMIC ........................................................................................................................................................... 58 
TERMINOLOGY ....................................................................................................................................... 58 
CURRICULUM OVERVIEW ....................................................................................................................... 63 
STUDENT GRADING AND PROMOTIONS POLICIES .................................................................................. 70 
ACADEMIC STANDING & PROGRESS ....................................................................................................... 79 
ACADEMY FOR TEACHING AND LEARNING ............................................................................................. 83 
ELECTRONIC BOOKS ............................................................................................................................... 84 
EXAMINATIONS...................................................................................................................................... 85 
    MEDICAL SCIENCES ............................................................................................................................. 85 
    REMEDIATION EXAM-MEDICAL SCIENCES ........................................................................................... 87 
    NATIONAL BOARD OF MEDICAL EXAMINERS® (NBME) ....................................................................... 88 
    UNITED STATES MEDICAL LICENSING EXAMINATIONS® (USMLE) – STEP EXAMS................................. 92 
LICENSURE TO PRACTICE MEDICINE ....................................................................................................... 94 
ACADEMIC DISCIPLINARY ACTIONS ........................................................................................................ 96 
POLICIES AND ADMINISTRATIVE PROCEDURES .................................................................................................. 100 
ATTENDANCE, ABSENCES, WITHDRAWALS AND DEFERRALS ................................................................ 100 
ACCOMMODATIONS FOR PREGNANT AND PARENTING STUDENTS ...................................................... 108 
ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES ..................................................................... 110 
BLOODBORNE PATHOGENS EXPOSURE POLICY .................................................................................... 112 
COMMENCEMENT ................................................................................................................................ 114 
CONTACT INFORMATION ..................................................................................................................... 114 
COURSE EVALUATIONS POLICY ............................................................................................................ 114 
CRIMINAL BACKGROUND CHECK AND HEALTH DOCUMENTATION ...................................................... 115 
DIPLOMAS ............................................................................................................................................ 116 
FACILITIES ............................................................................................................................................ 116 
FINANCIAL AID, STUDENT LOAN DEFERMENT, TUITION PAYMENTS AND REFUNDS ............................. 117 
GRADUATION APPLICATION  ................................................................................................................ 121 
HEALTH INSURANCE ............................................................................................................................. 122 
IMMIGRATION ..................................................................................................................................... 123 
NATIONAL HOLIDAYS ........................................................................................................................... 125 
PERSONAL PROTECTIVE EQUIPMENT ................................................................................................... 126 
PHOTOGRAPHY, VIDEO IMAGING AND AUDIO RECORDING POLICY ..................................................... 126 
PRIVACY POLICY ................................................................................................................................... 127 
PRIVACY RIGHTS AND FERPA NOTIFICATION ........................................................................................ 133 

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READMISSION TO RUSM ...................................................................................................................... 134 
REGISTRATION POLICY ......................................................................................................................... 135 
    MEDICAL SCIENCES REGISTRATION & ACADEMIC CHECK IN .............................................................. 135 
    CLINICAL SCIENCES............................................................................................................................ 137 
REGISTRAR SERVICES ........................................................................................................................... 139 
RELIGIOUS OBSERVANCES .................................................................................................................... 139 
RUSM STUDENT IDENTIFICATION CARD POLICY ................................................................................... 139 
SCHOLARSHIPS ..................................................................................................................................... 141 
SERVICE ANIMAL POLICY ...................................................................................................................... 142 
SEVEN YEAR POLICY ............................................................................................................................. 144 
SPECIAL GRADUATION DATE POLICY .................................................................................................... 144 
STUDENT GOVERNMENT ASSOCIATION ............................................................................................... 145 
STUDENT LIFE – MEDICAL SCIENCES ................................................................................................................... 146 
HOUSING ............................................................................................................................................. 146 
INTRAMURALS, CLUBS AND ORGANIZATIONS, AND STUDENT LEADERS .............................................. 154 
LIBRARY ............................................................................................................................................... 154 
PRINTING POLICY ................................................................................................................................. 155 
NO SMOKING POLICY ........................................................................................................................... 156 
STUDY SPACE POLICY ........................................................................................................................... 156 
STUDY SPACE FOOD AND DRINK POLICY .............................................................................................. 158 
PETS ..................................................................................................................................................... 159 
RUSM CAMPUS TRANSPORTATION POLICY .......................................................................................... 161 
SECURITY.............................................................................................................................................. 161 
STUDENT LIFE – CLINICAL SCIENCES ................................................................................................................... 161 
TRANSITIONING FROM MEDICAL SCIENCS TO CLINICAL SCIENCES ........................................................ 162 
COVID POLICY INDEX ......................................................................................................................................... 163  
ADDENDUM ....................................................................................................................................................... 167  
 
 
  
 

USING THE STUDENT HANDBOOK

Overview

Contents of the RUSM Student Handbook apply to all students, including those on semester break, Approved

Absence (AA), suspension, probation or Temporary Withdrawal, and those visiting other medical schools or clinical

affiliates. As these policies govern your time as a student at RUSM, we expect you to be familiar with the content

of both this Student Handbook and the Academic Catalog. Any student who receives financial aid should also read

the “Financial Planning Guide”, since only general aspects of financial aid are included here.

Current Policies

Please be aware that this edition of the Student Handbook, published August 1, 2024, supersedes all prior editions,

online or in hard copy. From time to time, updates to policies will be made to both the Student Handbook and

Academic Catalog. RUSM reserves the right to change the rules, regulations, course offerings, degree

requirements, academic calendar, and other material contained in this Student Handbook or the Academic Catalog

at any time. We will make every attempt to notify students in advance of significant changes in policy, but we

recommend you refer to these documents frequently. It is the student’s responsibility to keep current on all

University policy.

Any changes to polices or new policies will be listed in the Addendum section.

Pandemic-Related Interim Policies

In response to the COVID-19 pandemic, RUSM modified Student Handbook content to provide academic continuity

for our students. These updates can be found in the COVID POLICY INDEX section of the RUSM Student Handbook.

Address:

10315 USA Today Way

Miramar, FL 33025

MESSAGE FROM THE DEAN

Welcome to Ross University School of Medicine (RUSM)! Becoming a Doctor of Medicine (MD) is one of

the most important decisions you will make. No matter the path that brought you here, this is a

momentous occasion that calls for both celebration and a new commitment toward your personal and

professional aspirations. You have chosen RUSM, and in return, your time as a physician-in-training will

likely be one of the most unforgettable experiences of your life.

Our home in Barbados opens opportunities to do things in and out of the classroom that are unlike

anywhere else in the world. You will hone your skills in a contemporary and diverse learning

environment that has built a network of over 15,000 alumni practicing around the world and continues

to prepare today’s medical students to meet the complex needs of their future patients. We are

committed to providing you with a range of global medical opportunities that will enable you to develop

the kinds of life and professional skills to stand out in residency, and beyond.

While you are a physician-in-training, this handbook will be your guide to getting the most out of your

experience and understanding the commitment you make at RUSM. The code of conduct, academic

policies and procedures, student life resources, and other information contained here are all important

components of the program and life as a physician-in-training. Just as you commit to RUSM, everyone

here will commit to you and help you achieve the dream that brought you here. There is a wealth of

support services available for you, all found in here and available to you throughout your time at RUSM.

I encourage you to read through the handbook and start setting yourself up for success from the

moment you start.

I am eager to watch your path to becoming a physician and be a witness to the growth you will

experience as an individual and medical professional. Welcome, and good luck!

Heidi Chumley, MD, MBA

Dean

Ross University School of Medicine

PROFESSIONALISM AND CONDUCT

STANDARDS OF EXPECTED CONDUCT AND BEHAVIOR

Purpose

RUSM respects the strong work ethic and vision that motivates students to join our school. We know the

commitment required to navigate the road ahead of you, and recognize the crucial role that a safe, productive

academic environment plays in the pursuit of a medical career. We have established this Code of Conduct to

promote a healthy learning environment, and expect you to become familiar with the code, through study and

through close observation of these ethics in action among your colleagues and teachers.

Use this as a professional tool to guide you in beginning your career as a trusted member of the medical

community. As with physicians, RUSM students are expected to display the highest standards of ethical and

professional behavior. This extends to all aspects of your life, requiring conduct that displays empathy, honesty,

maturity and respect for others. The Dean and the Dean's designees developed and enforce these policies and

procedures both to promote an atmosphere conducive to active learning, and to preserve the educational mission

of RUSM.

By applying, accepting admission, enrolling in and attending classes at RUSM or using the many services at your

disposal, you indicate your acceptance of these standards of conduct. Adherence to the Code of Conduct, together

with the Honor System, the Technical Standards, and the AMA Guidelines in effect at any time, will contribute to

your credibility and success as a medical professional and are essential to your successful completion of the RUSM

program.

Not only students, but their guests, partners, family members, and former students granted temporary access and

any person authorized to act on a student's behalf, are also required to comply with the Code of Conduct.

Students, partners, family members, former students with temporary access or their guests or agents who fail to

do so will be subject to disciplinary action. Students are responsible for their guests, partners, family members or

agents and their compliance with the Code of Conduct and all policies set forth in this Student Handbook and on

the RUSM Student Portal, as well as all other published RUSM policies. Students may be held accountable for the

actions of their partners, family members, guests or agents.

These standards of conduct govern your actions at all times during your educational career with RUSM, regardless

of when or where such conduct occurs. These standards apply to student conduct occurring on or off campus and

during periods of active enrollment, semester break, AA, emergency or short-term personal leaves or while

suspended or withdrawn from RUSM. There are several sets of standards you will be expected to meet

throughout your tenure as a medical student and during your career as a physician; students must also be capable

of meeting all levels of proficiency and ethical conduct defined in the following standards.

• Technical Standards: These define a basic level of proficiency in medical science and application that

students are required to obtain during their schooling in order to demonstrate a capacity to serve

competently as a physician.

• American Medical Association Code of Ethics: The AMA Code of Ethics defines the essentials of

honorable behavior for the physician. RUSM relies on the AMA Code of Ethics, among other sources,

when evaluating whether a student’s conduct befits that expected of a medical professional and, thus,

students should familiarize themselves with the AMA Code of Ethics.

• Honor System: Part of acceptance as a student at RUSM includes signing the Honor Pledge, indicating

acceptance of the standards of conduct and acknowledgement that each student will conduct themselves

honorably at all times and in all dealings with others.

• Code of Conduct: The Code of Conduct is set forth below.

Knowing and following these standards will provide a basis of understanding the capabilities, character and

demeanor of the qualified, ethical physician. Any behavior in conflict with the tenets of these documents may

result in disciplinary action (see Sanctions listed in the Code of Conduct section of this Student Handbook). In

addition to taking appropriate disciplinary measures, RUSM also may report illegal or criminal conduct to

appropriate law enforcement authorities.

RUSM TECHNICAL STANDARDS

Qualifications for Doctor of Medicine Degree Candidates

Introduction

Ross University School of Medicine (RUSM) is committed to the achievement of superior student outcomes for a

diverse population of students. Learning is designed to provide all students with the best academic experience and

support services to become extraordinary physicians.

Medicine is a physically and mentally demanding profession in which practitioners are asked to place the interests

of their patients above their own, which requires commitment to a life of service, and dedication to continuous

learning.

When considering a Doctor of Medicine Degree Program, the student must evaluate their abilities and skills. To

succeed in a medical program, a student must possess certain abilities and skills deemed essential functions for the

care of the patients they will serve.

Overall, the purpose of technical standards is to delineate the skills deemed essential for admission, continuation

in and completion of the educational program. Reflected in the standards are those behaviors, knowledge, and

skills that degree candidates must possess to engage safely and competently in required learning activities and in

clinical practice to ensure the well-being of the patient/client, self, and others.

Students seeking admission and currently enrolled students should be aware that all students must meet technical

standards with or without reasonable accommodation in addition to meeting academic standards. Students will

be required to maintain satisfactory demonstration of both academic and technical standards for progression

through the program.

A candidate for RUSM’s doctoral degree must have abilities and skills in five areas: Acquiring Information,

Developing Communication; Use and Interpretation of Data; Integration of Knowledge to Establish Clinical

Judgment (Intellectual and Motor); and Developing Appropriate Professional Approaches, Behavior and Character.

RUSM is committed to excellence in accessibility to education; we encourage students with disabilities to seek

accommodations. To make an accommodation request contact the Office of Student Disability Services by email at

rossmedosds@adtalem.com to begin the request process.

This document, contains RUSM technical standards, based on guidelines produced by the Association of American

Medical Colleges. All applicants will be required to read the Technical Standards and to sign a copy of this

document to indicate that they understand the Technical Standards as part of the application process. The signed

form is kept as a permanent part of the record of all matriculating candidates.

RUSM has a responsibility to society to train physicians who are prepared to care for their patients with critical

judgment, broadly based knowledge, and well-honed technical skills. The abilities that physicians must possess to

practice safely are reflected in the technical standards that follow.

Technical Standards

A. Acquiring Information

Must demonstrate ability to learn in classroom and clinical settings and acquire the knowledge as well as to be a

life-long learner who can adapt their skills to new developments and techniques.

• Acquire knowledge from demonstrations and experiences in didactic, experiential learning, and clinical

environments, which include group, and physical demonstrations as well as observations of patients.

• Acquire knowledge from written documents and electronic systems which include scholarly articles and

journals, films, slides, and videos.

• Recognize and assess patient changes in mood, activity, cognition, verbal, and non-verbal communication.

• Interpret X-ray and other graphic images, and digital or analog representations of physiologic phenomena,

such as EKGs.

• Participate in scientific experiments, including but not limited to activities such as: dissecting cadavers;

examining specimens in anatomy, pathology, and neuroanatomy laboratories; microscopic studying of

microorganisms and tissues (both in normal and pathological states); review of diagnostic images and

information.

• Obtain and analyze medical history.

B. Developing Communication

Must demonstrate the ability to develop and enhance communication skills for sensitive and effective interactions

with patients, families and/or communities and members of the healthcare teams.

• Communicate effectively with patients, and all members of the healthcare team in didactic, experiential

learning, and clinical environments.

• Elicit information including a medical history and other details to adequately and effectively evaluate a

patient’s condition.

• Perceive and interpret non-verbal communication, including body language and facial expressions.

• Maintain accurate patient records.

• Communicate effectively in order to elicit information, describe changes in mood, activity cognition and

posture, and assess communications.

• Deliver communication that is concise, pertinent and complete to ensure safe transitions in care or elicit

action in critical situations.

• Understand and convey information essential for the safe and effective care of patients in a clear

unambiguous and rapid fashion in emergency situations.

C. Use and Interpretation of Data

Must accurately perform physical examinations and diagnostic exercises to assess and monitor health needs. Be

proficient in performing and directing basic laboratory testing. Must meet applicable safety standards for the

environment and follow universal precaution procedures.

• Perform palpation, percussion, auscultation, and other diagnostic maneuvers and from them prepare a

plan of treatment.

• Perform basic laboratory tests (urinalysis, CBC, etc.) to aid in the diagnostic process and understand the

results.

• Carry out diagnostic procedures (proctoscopy, paracentesis, etc.)

• Obtain and interpret information from assessment of patient’s environment and responses to health

across the continuum (spanning time and differing circumstances)

• Perform universal precautions against contamination.

• Formulate and test hypotheses that enable effective and timely problem-solving in diagnosis and

treatment of patients in a variety of settings and clinical modalities.

D. Integration of Knowledge to Establish Clinical Judgment (Intellectual and Motor)

Synthesize information, problem solve and think critically to judge the most appropriate theory assessment

strategy, and plan of care. Measure, calculate, reason, analyze, and synthesize data related to patient diagnosis

and treatment of patients. Re-evaluate plan of care and make appropriate changes based on patient's clinical

indicators as well as physiologic and psychologic response.

• Develop and evaluate plans of care.

• Measure, calculate, reason, analyze, integrate and synthesize in a timely fashion.

• Comprehend three-dimensional relationships and understand the spatial relationships of structures.

• Respond to emergency situations in a timely fashion to provide general emergency care.

• Possess the capacity to perform physical examination (e.g., eliciting information from patients via

palpation, auscultation, and percussion), as well as successfully carry out diagnostic maneuvers.

• Provide general care and emergency treatment to patients. Examples of emergency treatment reasonably

required of physicians are cardiopulmonary resuscitation, the administration of intravenous medication,

application of pressure to stop bleeding, the opening of obstructed airways, the suturing of simple

wounds, and the performance of simple obstetrical maneuvers.

E. Developing Appropriate Professional Approaches, Behavior and Character

Candidates must demonstrate throughout their medical education compassion, integrity, concern for others,

necessary and appropriate interpersonal skills, interest and motivation.

• Maintain mature, sensitive, effective relationships with clients/patients, families, students, faculty, staff,

other professionals under all circumstances.

• Exhibit effective skills to work in a team.

• Exercise skills to advocate for patients’ needs.

• Manifest concern for others

• Demonstrate integrity, accountability, interest, and motivation.

• Possess qualities of adaptability, flexibility, and the ability to function in the face of uncertainty.

• Exhibit sufficient interpersonal skills, knowledge and attitudes to interact positively and sensitively with

people from all parts of society, ethnic backgrounds, and belief systems.

• Demonstrate intent and willingness to follow the American Medical Association Principles of Ethics

• Possess stamina to tolerate demanding workloads and function well under stress.

Technical Standard Evaluation Process

All students at RUSM must meet Technical Standards with or without accommodation. An evaluation (in the form

of a Standardized Medical Clearance form and supporting documentation) is used to determine if a student has the

functional ability to remain in their program with or without accommodation. The purpose of this policy is to

support students’, colleagues’, partners’ and community members’ safety as well as provide clear feedback and

direction to students in pursuit of their academic achievements. In the event that a RUSM colleague or a third-

party site directly observes a student not meeting standards, the process will be implemented.

AMA ETHICAL PRINCIPLES

American Medical Association Principles of Medical Ethics Preamble

The medical profession has long subscribed to a body of ethical statements developed primarily for the benefit of

the patient. As a member of this profession, a physician must recognize responsibility to patients first and

foremost, as well as to society, to other health professionals, and to self. The following principles adopted by the

American Medical Association are not laws, but standards of conduct which define the essentials of honorable

behavior for the physician.

Principles of medical ethics:

1. A physician shall be dedicated to providing competent medical care, with compassion and respect for

human dignity and rights.

2. A physician shall uphold the standards of professionalism, be honest in all professional interactions, and

strive to report physicians deficient in character or competence, or engaging in fraud or deception, to

appropriate entities.

3. A physician shall respect the law and also recognize a responsibility to seek changes in those requirements

which are contrary to the best interests of the patient.

4. A physician shall respect the rights of patients, colleagues, and other health professionals, and shall

safeguard patient confidences and privacy within the constraints of the law.

5. A physician shall continue to study, apply, and advance scientific knowledge, maintain a commitment to

medical education, make relevant information available to patients, colleagues, and the public, obtain

consultation, and use the talents of other health professionals when indicated.

6. A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose

whom to serve, with whom to associate, and the environment in which to provide medical care.

7. A physician shall recognize a responsibility to participate in activities contributing to the improvement of

the community and the betterment of public health.

8. A physician shall, while caring for a patient, regard responsibility to the patient as paramount.

9. A physician shall support access to medical care for all people.

Adopted June 1957; revised June 1980; revised June 2001

HONOR SYSTEM

The Concept of Honor at RUSM

The Honor System at RUSM is a deeply cherished obligation founded upon the personal integrity of every RUSM

community member. It requires all members of the RUSM community to conduct themselves honorably at all

times and in all dealings with others. This shared commitment to high ethical standards fosters an atmosphere of

trust and respect, which characterizes the institution.

Accordingly, every member of the student body has the responsibility, not only for understanding the provisions of

the Code of Conduct, but also for maintaining the highest possible degree of personal integrity. Moreover, every

student must realize that acceptance of admission to RUSM includes the explicit agreement to abide by the

provisions of the Code of Conduct.

Authority for the maintenance and operation of the Code of Conduct is delegated directly by the Board of Trustees

to the students through the Dean with concurrence of the faculty. It is the conduct administrator’s responsibility to

determine or appoint a body of faculty/students to determine when a breach of honor has been committed.

The presence of the Code of Conduct and its provisions does not in any way abridge or subrogate the

responsibilities of the faculty in monitoring the student body in all areas herein identified, and in bringing actions

through previously adopted mechanisms if incidents occur which are not brought to the attention of RUSM.

THE HONOR SYSTEM

The Honor System applies to every student who is enrolled at RUSM. Accordingly, every student shall be required

to verify acceptance of the Honor System by signing the following Honor Pledge:

"As a student at RUSM, I, (student name), do hereby accept the Honor System. I have received the

Student Handbook and am fully aware of the Code of Conduct contained within. I agree to read and

become familiar with the Code of Conduct.

Accordingly, I resolve to refrain from conducting myself in a manner that is unbecoming of a medical

professional. I acknowledge that, in support of the Honor System, it is my responsibility to report any

violations of the Code of Conduct. I understand that with any violation of the Code of Conduct, a plea of

ignorance will not be acceptable, and the violation may result in my permanent non-academic dismissal

from RUSM.

I pledge that I shall endeavor at all times to create a spirit of honor of my chosen profession by upholding

the Honor System myself and helping others to do the same."

Registration as a student at RUSM is not complete until signed verification of the Honor Pledge is on file, and no

grades can be recorded until this is done. If the Pledge is not signed by the end of the fourth week of the term, the

student’s matriculation may be cancelled, and all fees paid will be forfeited in accordance with the withdrawal

policy described in the Academic Catalog. The ultimate responsibility for signing the Honor Pledge rests with each

individual student. During orientation, students receive a link to the Student Handbook and this pledge by

incorporation. The most up to date version of the Student Handbook along with this pledge is available online at

https://medical.rossu.edu/.

CODE OF CONDUCT

The Code of Conduct applies to any student as that term is defined in the Code.

TERMINOLOGY

1. The terms “University” or “RUSM” means Ross University School of Medicine.

2. The term “student” includes any person taking courses (either full-time or part-time, either onsite or

online, and including but not limited to students who take time off between terms, approved absences,

temporary withdrawal, or not enrolled for a particular term but have a continuing relationship with

RUSM), receiving or seeking to receive services from the University, or otherwise pursuing undergraduate,

graduate or professional studies at the University.

3. The term “faculty member” means any person hired by or contracted with the University to conduct

instructional activities.

4. The term “Staff” means any person employed by the University.

5. The term “member of the RUSM community” includes students, faculty members, or staff, and any other

individuals associated with the University. The conduct administrator shall determine a person’s status in

a particular situation.

6. The term “Complaint,” shall mean a written statement submitted by a member of the RUSM community

alleging misconduct by an RUSM student that purportedly violates the RUSM Student Handbook, or other

published rule or regulation.

7. The term “respondent” means any student who is the subject of a Complaint and alleged to have violated

the RUSM Student Handbook, or other published rule or regulation.

8. The term “RUSM premises” includes all land, buildings, facilities, student housing and other property in

the possession of or owned, used, or controlled by the University (including parking lots, adjacent streets

and sidewalks).

9. The term “Grievance Committee" refers to a multi-person panel of at least three eligible members of the

RUSM community.

10. The term “conduct administrator” means an RUSM official authorized by the University to manage Code

of Conduct proceedings and/or impose sanctions upon respondents found to have violated the Code of

Conduct. A conduct administrator may serve simultaneously as a conduct administrator, and as the sole

member or one of the members of the Grievance Committee. Nothing shall prevent the University from

authorizing the same conduct administrator to impose sanctions in all cases at a particular location or

locations.

11. The term “policy” is defined as the policies, rules and procedures of the University including, but not

limited to, those found in this Student Handbook, and academic catalogs.

12. The term “organization” means any number of persons who have complied with the formal requirements

for University recognition/registration as an organization.

13. The term “term” refers to the period of time that a student is enrolled in classes or clinical rotations.

RUSM has three terms within an academic year: Fall, Spring and Summer.

CONDUCT ADMINISTRATOR AND CONDUCT PANEL

1. The conduct administrator shall determine if the formal hearing is heard by the conduct administrator or

the Grievance Committee.

2. Where a Grievance Committee is used instead of hearing by a conduct administrator, the Grievance

Committee shall include, at minimum, three eligible members of the RUSM community.

3. The conduct administrator shall develop procedures for administration of the Code of Conduct and for

conducting hearings which are consistent with the provisions of this Code of Conduct.

4. The Grievance Committee may hear any type of matter and may impose any type of disciplinary action,

up to and including non-academic dismissal from RUSM.

a. In cases in which the Grievance Committee l is used, the recommendation of all members shall

be considered by the conduct administrator. Following the hearing, the conduct administrator or

designee shall advise the respondent in writing of the determination, the sanction(s) imposed, if

any, and appeal procedures

5. Decisions made by a Grievance Committee and/or conduct administrator shall be final, pending the

appeal process.

6. In appropriate situations, the Grievance Committee and/or conduct administrator may also provide a

respondent who is subject to the hearing process with referral information for external counseling or

other services available within the greater community that may help the respondent to ameliorate their

conduct and prevent further violations of the Code of Conduct.

THE HONOR COUNCIL

• The Honor Council may review Complaints between students or by administration that occur either on or

off campus.

• The following types of complaints may not be referred to the Honor Council:

o Complaints that arise under the Non-Discrimination policy.

o Complaints that allege any violations of the Sexual Misconduct Policy; or

o Complaints concerning acts of academic misconduct.

• The Honor Council may facilitate mediation on covered matters and issue non-binding resolutions that

have been mutually agreed upon by the Parties.

o All Parties to the Complaint must agree in order for the resolution to be implemented and as

such is not subject to appeal.

• The Honor Council may not impose disciplinary actions.

• At its sole discretion, the Honor Council may also determine at any point in the process of hearing a

Complaint, that the Complaint should be referred to a Grievance Committee or conduct administrator.

PROSCRIBED CONDUCT

Scope or Purview

The Code of Conduct applies to behavior by an RUSM student, irrespective of where or when that conduct may

occur. Discipline may extend to off-campus activities and locations (including but not limited to

off-campus activities, events, and housing) when the actions in question adversely affect the RUSM community

and/or pursuit of its objectives.

Conduct – Rules and Regulations

Any respondent found to have committed misconduct, including the following types of misconduct, may be subject

to disciplinary sanctions outlined in “Sanctions” section below.

1. Acts of dishonesty including, but not limited to, the following:

a. Furnishing false information to any University official, faculty member or office.

b. Forgery, alteration or misuse of any University document, record or instrument of identification.

c. Computer piracy, including duplication of computer software, copyright infringement and

unauthorized computer entry.

2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings and other

University activities, including its public service functions on or off campus, or other authorized non-

University activities, when the act occurs on RUSM premises.

3. Physical abuse, verbal abuse, threats, intimidation, and harassment including, but not limited to, sexual

harassment, coercion and/or other conduct that threatens or endangers the health or safety of any

person, either on or off RUSM premises or at any University-sponsored activity.

4. Bullying and cyberbullying, which is using one’s power to control or harm individuals who cannot defend

themselves including, but not limited to, face-to-face interactions and any electronic communication

(communication transmitted by means of an electronic device, including, but not limited to, a telephone,

cellular phone, computer, or pager) whether it be a single incident or a series of incidents.

5. Attempted or actual theft of and/or damage to property of the University or property of a member of the

RUSM community or other personal or public property.

6. RUSM specifically prohibits any organization, chartered or otherwise, officially or in fact, from

participating in the activity of “hazing.” Hazing is defined as any action taken or situation created which,

regardless of intent or consent of the participants, may reasonably produce bodily harm or danger,

mental or physical discomfort, embarrassment, harassment, fright, humiliation or ridicule, or otherwise

compromises the dignity of an individual; compels an individual to participate in an activity that is

unlawful and or contrary to University rules, policies and regulations; will unreasonably or unusually

impair an individual’s academic efforts, and/or occurs on or off campus. Hazing is further defined as an

act that endangers the mental or physical health or safety of a student, or removes public or private

property, for the purpose of initiation or admission into, affiliation with, or as a condition for, continued

membership in a group or organization. Such activities and/or actions prohibited include, but are not

limited to: tests of endurance; submission of members or prospective members to potentially dangerous

or hazardous circumstances; any activity that by its nature is so intense that it would cause severe mental

anxiety, mental distress, panic, human degradation or public embarrassment; creation of excessive

fatigue or a late work session that interferes with scholastic activities or deprives persons of the

opportunity for sufficient sleep (six hours per day), decent edible meals and/or access to means of bodily

cleanliness; forcing or coercing a person to consume alcohol or other substances, in any amount; any

requirement that compels an individual to participate in an activity that is illegal, perverse or indecent;

and compelling individuals to engage in sexual behaviors, sexual or racial harassment or slurs, or

exhibitionism.

7. Violation of conduct guidelines, including those in student leases and housing handbooks, applicable to

University-controlled housing.

8. Gambling on RUSM premises, at University functions or through the use of University equipment.

9. Failure to comply with directions of University officials or law enforcement officers acting in performance

of their duties and/or failure to identify oneself to these persons when requested to do so.

10. Unauthorized possession, duplication or use of keys, or unauthorized entry to or use of premises.

11. Violation of published University policies, procedures, rules or regulations.

12. Violation of any applicable federal, state or local law.

13. Use, possession, distribution, or influence of narcotics or other controlled substances, except as expressly

permitted by a valid doctor’s order. Please note in particular that even where otherwise permitted under

local law, marijuana or other psychotropic substance use, possession, or influence on University premises,

at University events, or that adversely affects the RUSM community, is prohibited.

14. Use, possession or distribution of alcoholic beverages, except as expressly permitted by local, state or

federal law, University regulation and/or Housing policy; or public intoxication.

15. Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals.

16. Participation in a demonstration that disrupts normal operations of the University or infringes on rights of

other members of the RUSM community; leading or inciting others to disrupt the scheduled and/or

normal activities within any University building or area; intentional obstruction that is unreasonable and

interferes with freedom of movement and/or free flow of pedestrian or vehicular traffic.

17. Conduct that is disorderly, disruptive, lewd or indecent; breach of peace; or aiding, abetting, or procuring

another person to breach the peace.

18. Aiding, abetting, or inducing another to engage in behavior prohibited by the Code of Conduct.

19. Theft or other abuse of computer time, including but not limited to:

a. Unauthorized entry into a file, to use, read or change contents, or for any other purpose.

b. Unauthorized transfer of a file.

c. Unauthorized use of another individual’s identification and password.

d. Use of computing facilities to interfere with work of another student, faculty member or

University official.

e. Use of computing facilities to send obscene or abusive messages.

f. Use of computing facilities to interfere with normal operation of the University computing

system.

g. Introduction, reproduction and/or promulgation of any computer virus.

20. Abuse of the disciplinary system, including, but not limited to:

a. Falsification, distortion or misrepresentation of information before a conduct administrator

and/or conduct panel.

b. Disruption or interference with orderly conduct of a conduct proceeding.

c. Knowingly instituting complaint or conduct proceedings without good cause.

d. Attempting to influence the impartiality of a member of a conduct panel prior to, and/or during,

the course of the conduct proceeding.

e. Harassment (verbal or physical) and/or intimidation by a student of a participant in the conduct

or complaint processes prior to, during and/or after a conduct proceeding.

f. Failure to comply with sanction(s) imposed under the Code of Conduct.

g. Influencing or attempting to influence another person to commit an abuse of the conduct or

complaint procedures.

21. Cheating: Any intentional misrepresentation of another's work as one's own or a misrepresentation of the

circumstances under which the work was done. This violation includes, but is not limited to, copying,

plagiarism, unauthorized collaboration and unauthorized divulging of test contents or the violation of any

academic and Exam Center policies pertaining to the exam process.

a. Misuse of Artificial Intelligence Tools

Unauthorized use of Artificial Intelligence (AI) tools to generate entire assignments or parts

thereof, without contributing original ideas, as well as not using proper citations.

22. Toleration: Failure of a student to report acts of dishonesty, cheating or other proscribed conduct may be

viewed as a violation of the Code of Conduct.

23. Conduct unbecoming of a medical professional: Any behavior deemed inappropriate of a medical

professional that would otherwise reflect poorly upon RUSM and its representatives. This violation

includes, but is not limited to, behavior in contradiction to the Technical Standards, behavior in

contradiction to the AMA Code of Ethics, and the Code of Conduct. This is not an exhaustive list and may

be evaluated on a case-by-case basis.

Involvement of Law Enforcement or External Judicial Authorities

Complainants who believe that they are victims of crime or other violation of law (for example, assault, battery,

sexual misconduct) may notify and seek assistance from the University, local law enforcement and/or other

community resources concurrently. The conduct administrator can provide information about how to contact local

law enforcement or other local community resources.

The University is committed to maintaining an environment that is safe for all members of the RUSM community.

Safety concerns, including those arising out of Code of Conduct proceedings, should be brought to the attention of

the campus incident commander or the conduct administrator for evaluation of any appropriate measures to be

taken by the University to promote security. Complainants may also seek protective, restraining, or “no-contact”

orders from an external law enforcement or judicial authority; complainants who do so should notify the conduct

administrator or campus incident commander so that the University can cooperate as appropriate in the

observation of the order.

The University may institute Code of Conduct proceedings against a respondent charged with violation of

applicable law without regard to the pendency of civil litigation or criminal arrest and prosecution. Proceedings

under this Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal

proceedings. If a code of conduct violation is also a civil violation (e.g., rape), we may be obligated to report it to

civil authorities, regardless of the victim’s preference.

If the alleged violation of law is also the subject of Code of Conduct proceedings, the University may advise

external authorities of the existence and status of the Code of Conduct proceedings. The University cooperates

fully with law enforcement and other agencies in enforcing law on University property and in the conditions

imposed by criminal courts for the protection of victims and the rehabilitation of violators. Individual students,

staff, or faculty members, acting in their personal capacities, remain free to interact with a governmental

representative or law enforcement official as they deem appropriate.

CONDUCT COMPLAINT AGAINST STUDENT – POLICY & PROCEDURES

Complaint and Hearings

• Any member of the RUSM community or the University itself may make a report against any student

alleging misconduct. Reports made by individuals outside our community will also be reviewed for merit.

Notice of a possible violation may result in complaints being filed by the University whether or not the

impacted community member wishes to proceed. Complaints shall be prepared in writing and directed to

the conduct administrator at the appropriate University location. Any complaint should be submitted as

soon as possible after the event takes place.

• Once a Complaint has been filed, the conduct administrator will investigate to determine if any of the

allegations have merit.

o If a Complaint is found to not have merit it may be dismissed.

o If a Complaint is found to have merit, the conduct administrator may either:

▪ Resolve the Complaint informally by mutual consent of the Complainant and the

Respondent on a basis acceptable to the conduct administrator (such as Honor Council

mediation, Restorative Justice or other form of alternative dispute resolution).

Mediation will not be used for complaints involving alleged sexual misconduct.

▪ Where there is no Complainant, resolve the Complaint informally on a basis acceptable

to the conduct administrator including, but not limited to, written warning, educational

resolutions, and/or sanctions outlined in the “Sanctions” section below.

▪ The conduct administrator may also issue a conduct warning to a Respondent or

Complainant where a Complaint is resolved by mutual consent.

▪ The conduct administrator may hold a hearing individually or refer the Complaint to a

Grievance Committee.

• All formal Complaints shall be presented to the respondent in writing. A hearing before a conduct

administrator or Grievance Committee) will be scheduled after receipt of the answer from the

Respondent. If no answer to the Complaint is submitted, the hearing will be scheduled following the

deadline for submission (five [5] business days). The timeframe for scheduling of hearings is at the

discretion of the conduct administrator.

• The conduct administrator may choose to hold the hearing him/herself or may require a hearing by the

Grievance Committee. If either the Complainant or the Respondent believes that a member of the

Grievance Committee has a conflict of interest, they should bring this concern to the attention of the

conduct administrator, or if the alleged conflict is held by the conduct administrator to the attention of

the conduct administrator’s manager.

• Hearings shall be held according to the following guidelines:

o Hearings shall be held in private. Admission of any person to the hearing shall be at the

discretion of the conduct administrator or Grievance Committee chairperson.

o In advance of the hearing, both the Complainant and Respondent will be given access to the

identified information that is available before the hearing which will be considered by the

conduct administrator or Grievance Committee.

o The Cand Respondent have the right to be assisted by any advisor they choose, at their own

expense. The advisor may be an attorney. The Complainant and Respondent are responsible for

presenting their own case and, therefore, advisors are not permitted to participate directly in any

hearing before a conduct administrator or Grievance Committee.

o The University, the Complainant, the Respondent and the conduct administrator or Grievance

Committee shall be allowed to present witnesses, subject to the right of cross-examination by

the conduct administrator or Grievance Committee.

o Pertinent records, exhibits, and written statements may be accepted as evidence for

consideration by the Grievance Committee at the discretion of the conduct administrator or

Grievance Committee chairperson.

o All procedural questions are subject to the final decision of the conduct administrator or

Grievance Committee chairperson.

o After the hearing, the conduct administrator or Grievance Committee shall deliberate in private

and determine (by majority vote for a Grievance Committee) whether the Respondent has

violated the Code of Conduct.

o The conduct administrator or Grievance Committee’s determination shall be made using the

Preponderance of Evidence standard, defined as more likely than not that the Respondent

violated the Code of Conduct.

• There shall be a single record of all hearings before a Grievance Committee or conduct administrator. The

record shall be the property of the University. Suspensions and non-academic dismissals will be noted in

the Respondent’s academic file.

• No Respondent may be found to have violated the Code of Conduct solely because the Respondent failed

to appear before the conduct administrator or Grievance Committee. Even if the Respondent does not

appear, the evidence in support of the Complaint(s) shall be presented and considered. Likewise, a

Respondent may be found to have violated the Code of Conduct even in instances where the

Complainant has not participated in the conduct proceedings.

• The conduct administrator or designee shall notify the respondent of the outcome in writing, and in

appropriate cases, shall also notify the Complainant. In specific types of cases, such as those of sexual

misconduct allegations, the Complainant and Respondent will be informed simultaneously. Where safety

concerns exist, the Complainant may be given appropriate notice prior to formal notification.

Sanctions

Sanctions can be utilized in the matter of an informal resolution or a formal hearing. In the case of a formal

hearing, sanctions are determined by the conduct administrator or Grievance Committee. The sanctions listed

below may be imposed upon any student found to have violated the Code of Conduct. The listing of the sanctions

should not be construed to imply the student are entitled to progressive discipline. The sanctions may be used in

any order and/or combination that the University deems appropriate for the conduct in question.

When considering the sanctions to be imposed, a range of factors may be considered, including the nature,

context, and severity of an incident, level of accountability and responsibility taken by the student, and the

disciplinary history of the student. These sanctions are defined as follows:

1. Non-academic Probation – A written reprimand with stated conditions in effect for a designated period of

time, including the probability of more severe disciplinary sanctions if the respondent does not comply

with University policies or otherwise does not meet the University’s conduct expectations during the

probationary period.

2. Restitution – Compensation for loss, damage or injury. This may take the form of appropriate service

and/or monetary or material replacement.

3. Housing Suspension – Separation of the respondent from their University-controlled housing for a defined

period of time. Conditions for returning to housing may be specified.

4. Housing Expulsion – Permanent separation of the respondent from University-controlled housing.

5. RUSM Suspension – Separation of the respondent from the University for a defined period of time, after

which the respondent may be eligible to return. Conditions for readmission may be specified.

6. RUSM Non-Academic Dismissal – Permanent separation of the respondent from RUSM.

7. Suspension of Services – Ineligibility to receive specified services or all RUSM services for a specified

period of time, after which the respondent may regain eligibility. Conditions to regain access to services

may be specified.

8. Ineligibility for Services – Permanent ineligibility to receive specified or all RUSM services, and services

from other RUSM Education Group institutions.

9. Remediation – Such as counseling and education in the area of noncompliance. Participation in psycho-

educational groups and/or assigned educational initiatives designed to assist the student towards

compliance.

10. Limiting Order – Restriction on a respondent’s permission to be in the same proximity as the complainant

and/or others, with the parameters of the restriction to be defined by the University (e.g., for use with

allegations of sexual or other misconduct).

11. Educational Response – An assignment (form may vary) with the intent of providing education relevant to

the student’s violation and/or needs.

More than one sanction listed above may be imposed for any single violation. In each case in which a

conduct administrator or Grievance Committee determines that a Respondent has violated the Code of

Conduct, sanction(s) shall be determined and imposed by the conduct administrator. In cases in which a

Grievance Committee is used, the recommendation of all members of the Grievance Committee shall be

considered by the conduct administrator and the decision should be made by majority vote. Following the

hearing, the conduct administrator or designee shall advise the Respondent in writing of the determination,

the sanction(s) imposed, if any, and appeal procedures. In appropriate cases (e.g., allegations involving

certain types of sexual misconduct), the conduct administrator, or designee will also simultaneously provide

the complainant with written notice of the outcome and appeal procedures.

Interim Measures

In certain circumstances, the University may impose a RUSM and/or housing interim suspension or No Contact

Order (NCO).

1. Interim suspension may be imposed:

a. to ensure the safety and well-being of members of the RUSM community or preservation of

University property; or

b. if the University deems that the Respondent poses a threat of disruption of or interference with

the normal operation of the University

2. During the interim suspension, the Respondent may be denied access to RUSM premises (including online

and onsite classes) and/or all other University activities or privileges for which the Respondent might

otherwise be eligible, as the University may determine to be appropriate. In appropriate cases, the

University may notify the complainant of a respondent’s interim suspension status.

An NCO can be put in place by the conduct administrator, or designee, between students in order to:

1. De-escalate conflict.

2. Assist students in refraining from actions that could be considered a violation of the Code of Conduct.

3. Address concerns raised as part of a sexual misconduct investigation.

4. NCO shall not be lifted on the request of the Complainant and/or Respondent. However, an NCO may be

lifted with mutual consent by the Complainant and the Respondent.

5. If any party (Complainant or Respondent) is found to be in violation of “No Contact Order”, it will be

considered as breach of Code of Conduct and appropriate disciplinary sanction, up to, but not limited to,

suspension/dismissal from the University will be imposed.

Lifting of Non-academic Probation: Non-academic probation is lifted after the time period specified, when a) no

further violations are committed; and b) all terms specified in the disciplinary decision have been successfully

completed.

• Student file: This period of non-academic probation is documented in the student file as Disciplinary

Probation. Upon completion of the terms of this probationary period, a student may request that the non-

academic probation be noted as successfully completed. Students are encouraged to document all efforts

taken to address any cited violation and confirm that this documentation is preserved in their student

files.

• Financial Aid: Unlike Academic Probation, periods of Non-Academic Probation will not impact a student's

eligibility for or status regarding financial aid.

Lifting of Interim Sanctions: Interim Sanctions are lifted following the issuance of a formal or informal disciplinary

decision (which may result in a further Suspension sanction) or a successful appeal to a decision. An interim

sanction may also be lifted following the assessment of new information. Where conditions are placed upon a

student's return, those conditions must be approved and verified as fully completed before the student will be

allowed to register for a future term.

1. Student File: An Interim Sanction may impact the student's transcript. The designation for the missed

time on the transcript is determined by the conduct administrator in consultation with the Office of the

Registrar on a case-by-case basis, following the determination reached by an informal resolution or formal

hearing. If designated as a suspension, it will appear in the student’s educational file as non-academic

suspension. Students are encouraged to document efforts taken to address a cited violation.

2. Financial Aid: Eligibility for financial aid may be impacted depending upon the length of an Interim

Sanction, and whether it transitions to a suspension sanction following disciplinary action. Students are

required to comply with all financial aid repayment obligations during a suspension.

Lifting of Suspension: Where conditions are placed upon a student's return, those conditions must be certified as

fully completed before the student will be eligible to register for a future term. The completion/fulfillment of

conditions shall be verified and approved by the conduct administrator. A suspended student, upon return to

campus, will be on automatic disciplinary probation for either a designated period of time, identified at the time

the original sanction is issued, or until graduation from RUSM.

• Student File: A suspension will appear in the student’s educational file as Non-academic Suspension.

Students are encouraged to document efforts taken to address a cited violation.

• Financial Aid: Students are required to comply with all financial aid repayment obligations during a

suspension.

• NOTE: Failure to comply with the limitations of any suspension or disciplinary probation may result in

extended suspension or permanent non-academic dismissal.

Non-Academic Dismissal: Non-academic dismissal means permanent termination of student status. A dismissed

student is no longer permitted to attend RUSM or any of its affiliated institutions. A student dismissed on

disciplinary grounds is not eligible for re-admission.

1. Student File: A record of this disciplinary action will be placed in the student’s file.

2. Financial Aid: All financial aid repayment obligations apply.

Records of Sanctions

Any sanctions imposed are recorded in the student’s disciplinary file, and, where appropriate, also noted in

permanent educational records. Information regarding probations, suspensions and non-academic dismissals are

readily available to RUSM officials as needed to assure administrative compliance with those sanctions.

In the event a student withdraws or is dismissed prior to the disposition of a disciplinary action, documentation of

a pending disciplinary case without final determination will be included as part of the student's educational record.

Should the student return, the disciplinary review would proceed accordingly.

Notifications during Suspensions/Non-Academic Dismissals

RUSM may be obligated to take into account the interest of the following parties when resolving a disciplinary

matter:

• Immigration: In those situations, in which a student is not a citizen of the country where the study of

medicine is occurring, RUSM may be obligated to inform immigration authorities of changes to a student’s

enrollment status following a non-academic dismissal or suspension. A student who has been suspended

or dismissed may no longer be entitled to the status of a legal resident.

• Complainants and Victims: Regarding access to sensitive information during a disciplinary action, RUSM

will balance the interests of privacy and other legal rights of the Respondent with those of a Complainant.

• Legal Authorities: RUSM may be obligated to disclose information as required to legal authorities when

disciplinary action uncovers evidence of conduct in violation of the law.

• State Medical Boards, ECFMG, FCVS, Government Agencies, and Employers: RUSM may be called upon

to report unusual circumstances that may have occurred during the course of a student’s medical

education.

Appeals

A decision of a violation of the Code of Conduct and the sanctions reached by the Grievance Committee or

imposed by the conduct administrator may be appealed by the Respondent or Complainant when applicable (see

SEX AND GENDER-BASED MISCONDUCT RESPONSE AND PREVENTION policy) to the person identified in the

determination letter within seven (7) calendar days of the date of the appealing party’s receipt of the

determination letter. Such appeals shall be sent via email to ConductAp[email protected]. The results of the

appeal to the person identified in the determination letter shall be final.

• Except as required to explain the basis of new evidence, an appeal shall be limited to review of the

hearing record of the initial hearing and documents considered by the conduct administrator or Grievance

Committee for one or more of the following purposes:

• To determine whether the original hearing was administered fairly in light of the complaints and evidence

presented and in substantial conformity with prescribed procedures, giving the Complainant a reasonable

opportunity to prepare and present evidence that the Code of Conduct was violated, and giving the

Respondent a reasonable opportunity to prepare and present a rebuttal of those allegations.

• To determine whether the decision reached regarding the Respondent was based on reasonable

evidence; that is, without substituting its judgment for that of the Grievance Committee or the conduct

administrator, the appellate decision-maker shall consider whether the facts in the case were reasonably

sufficient to establish that a violation of the Code of Conduct occurred.

• To determine whether the sanction(s) imposed were reasonably appropriate for the violation of the Code

of Conduct the Respondent was found to have committed.

• To consider new evidence sufficient to alter the decision or sanction which was not brought out in the

original hearing because such evidence was not known or available to the person appealing at the time of

the original hearing.

The person ruling on the appeal shall notify in writing the complainant and respondent of the outcome of the

appeal. If the appeal is granted, the matter can be remanded to the Grievance Committee (either the original

Grievance Committee or new Grievance Committee, as determined to be appropriate by the person considering

the appeal) or the conduct administrator for action to be taken in response to the appeal findings.

If the appeal is denied, then the decision of the original conduct proceeding is upheld and final.

CONFIDENTIALITY AND PROHIBITION ON RETALIATION

Confidentiality

RUSM wishes to foster an environment in which individuals feel free to raise and discuss concerns. RUSM

understands that Complainants, Respondents, witnesses, and others involved in the investigation process and

conduct proceedings may be concerned about the confidentiality of information they are sharing.

In some cases, RUSM may be obligated to take action when it becomes aware of information relating to a

Complaint. Confidentiality will be maintained to the extent possible and consistent with RUSM’s obligations in

investigating complaints and addressing conduct appropriately. While the confidentiality of information received,

the privacy of individuals involved, and compliance with the wishes of the Complainant or witnesses cannot be

guaranteed, they will be respected to the extent possible and appropriate. In particular, when possible and

consistent with applicable law, personally identifying information about victims of sexual misconduct will be kept

confidential as it appears in the University’s publicly available record-keeping.

Retaliation

RUSM prohibits retaliation against anyone who reports an incident of alleged harassment, discrimination or other

unlawful conduct, or any person who assists or participates in a proceeding, investigation or hearing relating to

such allegations.

Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. All complaints of

retaliation should be reported in accordance with the student complaint procedure available in this Student

Handbook. If following the student complaint procedure would result in the student being required to submit their

Complaint to the person whom they believe is retaliating against him or her, the student may submit the

retaliation complaint to the Conduct Administrator, who will determine an appropriate party to address the

retaliation complaint.

Submission of a good-faith complaint or report of harassment, discrimination or other unlawful conduct will not

adversely affect the Complainant’s future grades, learning, or academic environment. RUSM will discipline or take

appropriate action against anyone who retaliates against any person who reports an incident of alleged

harassment, discrimination, or other unlawful conduct, or who retaliates against any person who testifies, assists

or participates in a conduct proceeding, investigation or hearing related to such allegations.

Campus Safety and Security

A truly safe campus can only be achieved through the cooperation of students, faculty, and staff. As members of

this academic community, students must report crimes, suspicious activities, or other emergencies on campus to

the Department of Security and Emergency Management. Students who witness or are victims of a crime affecting

the RUSM community should immediately report the incident to local law enforcement in the community, in which

the campus is located, and to the Office of Student Affairs or to the chief location administrator. RUSM will

investigate such crimes and, when appropriate, bring them to the attention of the conduct administrator and other

University officials such as the Title IX Coordinator.

Given public concern about escalating incidents of school violence, the University will take appropriate

administrative action to protect the community. Student behavior that causes campus safety or security concerns

will typically be addressed pursuant to the Interim Suspension provisions of the Code of Conduct. Accordingly,

immediate suspension and eventual non-academic dismissal may result for students who:

• Possess, sell or otherwise furnish a firearm illegally or on at any time on RUSM premises or at RUSM

events.

• Brandish a knife at another person.

• Sell, purchase or otherwise attempt to obtain a controlled substance.

• Commit or attempt to commit a sexual assault or sexual battery.

• Possess an explosive.

• Cause serious physical injury to another person, except in self-defense.

• Possess any knife (excludes pen knives or nail files) or other dangerous object of no reasonable use.

• Unlawfully possess any controlled substance

• Commit robbery or extortion.

• Commit assault or battery.

Nothing in this policy should be construed as limiting or preventing the University’s discretion to take other action

which, in the University’s sole discretion is necessary or advisable to promote campus safety and security.

RUSM takes seriously any threats made to cause harm to others or to oneself. Threats to harm others will be

handled through the Code of Conduct and may involve an interim suspension and/or the engagement of law

enforcement officials until conduct proceedings are completed. In the case of threats to harm oneself, the

University may call local law enforcement officials or other persons acquainted with the person making the threat

for the purposes of checking on that person’s welfare. The University may also work with the person to determine

available resources and appropriate next steps.

ALCOHOL AND SUBSTANCE ABUSE POLICY

Overview

All students, faculty, administrators, and support staff are expected to recognize the potential for alcohol and drug

abuse whenever illegal drugs or alcohol are sold, given, manufactured, and/or used and that such abuse is in

conflict with the University’s purpose. To mitigate abuse, the University has established regulations and policies

governing the use of alcohol and other substances to all students, guests, and visitors on University property or as

part of any University activity. Additionally, these regulations and policies govern the use of alcohol and other

substances for off campus activities. The responsibility for knowing and abiding by the provisions of these policies

rests with each individual.

Medical students are held to the same ethical and behavioral standards as physicians during both the pre-clinical

and clinical years of medical school. Untreated abuse and/or dependence are unacceptable to the school and are

cause for disciplinary action up to and including dismissal. Both for reasons of personal well-being and because of

the nature of the profession, students are expected to show restraint and responsibility regarding the use of any

substance. Students are also expected to seek help for alcohol or substance abuse problems if they are aware of

them. Possession or use of illegal substances or unlawful use of lawful controlled substances could result in a

criminal conviction, which could preclude licensure to practice.

Applicable Law

All members of the University community shall abide by the laws of the US Federal Government, state and any

local laws, ordinances and regulations where the student is located at any time during which they are affiliated

with or represents RUSM relative to the possession, consumption, distribution, transportation, manufacture, and

sale of alcoholic beverages or products.

Conviction for the illegal possession or distribution of drugs or alcohol may result in various penalties according to

the nature of the offense. Please note that even where otherwise permitted under federal, state, and local laws,

cannabis use or possession as a student is prohibited.

Prohibited Activities

RUSM strictly prohibits the unlawful manufacturing, distribution, dispensing, use or possession of alcohol, illegal

drugs (including marijuana and medical marijuana), and controlled substances, or the misuse of prescription

medications/drugs at any time during which a student is affiliated with or representing RUSM. Prescriptions or

physician recommendations for marijuana or other cannabis use are also strictly prohibited. Additionally, students

are encouraged to be mindful of certain cannabidiol (CBD) supplements as CBD supplement use may lead to a

positive test result for THC.

Any violation of the Policy on Substance and Alcohol Abuse is considered a violation of the Code of Conduct and is

subject to the penalties of RUSM, in addition to local, state and federal jurisdictions.

Sanctions and/or Penalties Under Applicable Laws

All students are expected to be familiar with and to adhere to federal, state, and local laws and university policies

with regard to the use and possession of drugs and alcohol. The University will impose sanctions for violation of

the standards of behavior (on and off campus) consistent with local and federal laws, and University policies.

Violations will result in disciplinary action, up to and including dismissal, and referral for possible prosecution.

Applicable sanctions include, but are not limited to, probation, probation and referral for treatment and

rehabilitation (without adjudication), suspension, or non-academic dismissal. Individuals disciplined under the

University Policy on Substance and Alcohol Abuse have the right to an appeal in accordance with applicable

University grievance procedures.

The University sanctions imposed under the Policy on Substance and Alcohol Abuse neither diminish nor replace

the penalties available under generally applicable civil or criminal laws. The University may refer any case to the

proper local, state and/or federal authorities for appropriate legal action. Violations of University standards may

also violate federal, state and local laws, or other appropriate governance body. Violators will be subject to all

appropriate penalties within the jurisdiction of the offense. Your eligibility for federal student aid can be affected

by incarceration and/or the type of conviction you have. Please visit the United States Department of Education

website for more information.

Prevention & Assistance

The University recognizes alcohol and drug abuse and dependency as clinical disorders defined in the current

version of the Diagnostic and Statistical Manual (DSM-5) of the American Psychiatric Association.

Excessive drinking and drug use will lead to a wide variety of health problems and professional difficulties. The use

of any amount of drug prescription, illicit or legal (including alcohol), will alter the chemical balance of the body.

Misuse or compulsive use of alcohol and other drugs can often cause serious damage to major body organs such as

the brain, stomach, lungs, liver, kidneys, heart, as well as the immune and reproductive systems. Pregnant women

put the fetus at risk for serious birth defects and complications at birth, as well as the possibility of delivering a

baby with a drug dependency who may exhibit withdrawal signs. Other health problems include sleep

disturbances, malnutrition, convulsions, delirium and greater risk for life threatening accidents and events such as

traffic deaths and suicides. Intravenous drug users, who share needles, are at high risk for contracting HIV/AIDS.

Use and/or withdrawal from a substance can also create mental problems including, but not limited to depression,

anxiety, paranoia, and delusions.

The use of drugs and alcohol can cause physical and psychological dependence and can interfere with memory,

sensation and perception. Drugs impair the brain’s ability to synthesize information. Regular users of drugs

develop tolerance and physical dependence often experienced by withdrawal symptoms. The psychological

dependence occurs when the drug taking becomes central to the user’s life. Medical students who are aware of or

suspect a colleague of abusing alcohol or drugs are encouraged to intervene and provide assistance, or to refer the

matter to the medical education administration.

RUSM will facilitate substance abuse prevention through general promotion of a substance-free educational

environment. In addition to the active enforcement of the Policy on Substance and Alcohol Abuse, students will

be informed of any current and subsequent changes to the Policy on Substance and Alcohol Abuse. Additionally,

the medical school curriculum incorporates information on the effects that alcohol and drugs have on both mental

and physical health. At RUSM, an atmosphere will exist wherein individuals with alcohol and/or drug problems are

encouraged to seek help.

For information or assistance with substance and/or alcohol abuse matters, or for information on programs such

as Alcoholics Anonymous, an individual can confidentially contact RUSM Wellness and Counseling Center.

Modeled upon the principles of the AMA’s Council on Ethical and Judicial Affairs (CEJA), RUSM offers services that

are geared toward ensuring the personal health of students by providing support and avoiding punitive measures.

RUSM, through Student Affairs and the RUSM Wellness and Counseling Center, helps coordinate intervention

services, conduct screening assessments, make appropriate referrals for comprehensive assessment and

treatment, provide case management services for those with continuing problems, and encourage a collegial

supportive environment. Moreover, they help promote students’ overall health and wellness as a priority for the

profession. Students are encouraged to seek guidance from these programs at the earliest sign of need. To further

utilization, help will be provided through a system that remains separate albeit appreciated by the University’s

disciplinary system. Consideration will be given to students who identify themselves and are seeking assistance for

a substance abuse problem proactively and not as a result of an identified violation or random screening.

If a student reports to school or to a clinical setting under the influence of alcohol or drugs, they will be

immediately suspended and subject to additional disciplinary action including dismissal from the University.

A listing of drug and alcohol prevention, counseling, treatment and rehabilitation, and re-entry programs is

available at RUSM Wellness and Counseling Center. Any student, spouse, or faculty member can confidentially

contact RUSM Wellness and Counseling Center for additional referral information.

CONTROLLED DRUGS PRESCRIPTION POLICY

The policy for the acquisition and possession of prescription/controlled drugs by RUSM students as advised by the

RUSM Wellness and Counseling Center in conjunction with federal, state, and local laws is as follows: any student

of RUSM who requires a prescription for a controlled substance will need to present to their physician adequate

proof or evidence that they have the diagnosed condition for which the drug is indicated as a pharmacological

treatment.

DRUG TESTING

RUSM students may be selected for a drug screening at any time throughout their enrollment. The practice of

random drug testing was established at RUSM to encourage student engagement in responsible lifestyle choices

for not only their personal wellbeing but for the public in which they serve. As with physicians, students are

expected to show restraint regarding the use of any substance and seek help for any alcohol and/or substance

abuse problems.

Any actions that violate the Alcohol and Substance Abuse Policy and Controlled Drugs Prescription Policy may

result in disciplinary action including sanctions outlined in the Code of Conduct. Additionally, possession or use of

illegal substances or unlawful use of lawful controlled substances could result in a criminal conviction, which could

preclude licensure to practice.

Students who refuse testing, may be subject to discipline for a violation of this Policy.

Types of Testing

• Random Testing – Students will be selected at random for drug testing. The frequency, percentage of

students and intervals will be determined by the Associate Dean of Student Affairs or designee.

• For Cause Testing—To ensure compliance with institutional policies and to promote a safe and healthy

learning environment, RUSM requires students to submit to drug testing "for cause" based upon a)

reasonable suspicion of substance use, b) the unauthorized use or possession of alcohol on campus or at

clinical/health care setting, or c) the use of or possession of illicit drugs or drug paraphernalia at any time.

Reasonable suspicion of substance use may be based upon, but is not limited to any of the following

criteria:

• Direct observation by faculty, staff, clinical partners, residents or colleagues of drugs or alcohol

use or possession and /or demonstration of physical symptoms of the influence of drugs or

alcohol while engaged in an RUSM sanctioned or sponsored activities;

• A pattern of abnormal or erratic behavior, consistent with alcohol or drug abuse;

• Arrest or conviction for a drug or alcohol-related offense; identification as the focus of a criminal

investigation into illicit drug use, possession or trafficking; and/or

• Evidence that a student has tampered with a drug or alcohol test.

• Compliance Testing – students participating in a rehabilitation program prescribed by the University will

be required to submit to drug testing as determined by the University to ensure compliance.

Collection Process

• The student will receive a notification from the Conduct Administrator of selection for drug testing and

will need to report to a collection/laboratory site designated by the University. Students are required to

report to the designated laboratory within the timeframe communicated to the student by the Conduct

Administrator.

• To ensure the integrity of the process, students must comply with all collection procedures of the

designated laboratory (i.e., provide identification, completion of forms, no items permitted in testing

area, direct observation). Failure to comply with the directives, policies, and procedures of the

designated laboratory will result in disciplinary action.

• RUSM will be responsible for any and all lab cost related with random testing.

• A copy of the results from the designated laboratory may be sent to the University.

Positive Test Verification

If the initial specimen result is positive, it will be sent for confirmation testing. If the results remain positive, the

results will be sent to the MRO of the respective collection/laboratory site. At applicable sites, MRO will review any

disclosed medications or prescriptions submitted by the student prior to the initial test. If the information provided

confirms the positive results, the MRO will report it as a negative. If the information provided is not sufficient to

override the positive results, the positive results will remain as is and be reported to the Conduct

Administrator. The Conduct Administrator will notify the student of the next steps. Please see “Results of a Positive

Test” for more information.

Results of a Positive Test

Any student receiving a verified positive test will be referred to the Conduct Administrator for further review.

When a verified positive test cannot be reasonably explained by disclosed medications or prescriptions, the

student will be placed on interim suspension with possible additional sanctions, up to and including, dismissal from

RUSM.

As referenced earlier, even where otherwise permitted under federal, state, and local law, cannabis use,

possession, or influence is prohibited. As such, the University will not accept prescriptions or physician

recommendations for cannabis. Additionally, students are encouraged to be mindful of certain cannabidiol (CBD)

supplements; CBD supplement use leading to a positive THC test result may result in disciplinary action.

Drug Testing Expenses

RUSM will be responsible for any and all lab cost related with random and probable cause drug testing. Students

are responsible for any and all cost related to compliance drug testing and participation in any rehabilitation

programs as recommended. In Barbados, each drug test request will be submitted by an ordering physician to

comply with national drug testing regulations. The ordering physician will be compensated by RUSM.

Confidentiality

RUSM will treat all information obtained throughout this process as confidential and will ensure access to this

information is given to individuals who have a need to know. Please note this information will remain separate

from students’ academic record except when disciplinary action occurs. RUSM may be called upon by the NRMP,

State Medical Boards, ECFMG, FCVS, Government Agencies, and Employers to report disciplinary action that may

have occurred during the course of a student’s medical education. Students in Barbados may request a copy of any

drug test result from the ordering physician.

SOCIAL MEDIA POLICY

The following policy outlines the responsibilities of RUSM students when posting on social media platforms for any

purpose, including personal and private content. Social media platforms can include, but are not limited to

Facebook®, Twitter®, YouTube™, Instagram™, SNAPCHAT®, TikTok™, websites, blogging, videos, podcasts and

email distribution lists. Students should be mindful that their postings, even if done on personal devices and off

RUSM premises, could have an adverse effect on RUSM’s institutional interests. Further, “private” postings that

become known to the public are still subject to sanctions described in RUSM’s Code of Conduct.

Students are encouraged to join productive social groups, participate in conversations, and share their life

experiences with others through social media in a responsible manner. As an RUSM student and emerging

physician, students are expected to follow RUSM’s policy on Code of Conduct and professionalism. Ultimately,

students are solely responsible for what they post online.

Should RUSM become aware of a possible violation of its Code of Conduct, the behavior is subject to investigation

and disciplinary review. Students who violate the Code of Conduct may face disciplinary actions, up to and

including non-academic dismissal from RUSM.

RUSM retains the sole right to approve and publish web pages and social media pages containing information

about its educational programs, services and activities on its behalf, as well as that of the student body, recognized

student organizations and alumni.

Student Responsibilities

Students must adhere to the Code of Conduct when engaging on social media platforms. This includes:

• Posting Content on Social Media Platforms

o It is the student's responsibility to make clear, when posting on social media in a manner or

context that shows a connection to RUSM, that the student is not speaking on behalf of RUSM

and the student’s comments and/or content are strictly the students. Additionally, If the student

has identified themselves as an RUSM student in their social media profile or otherwise, they will

need to provide a disclaimer indicating that their opinion does not represent that of RUSM unless

previously approved under the conditions stated in this policy. Students’ communications,

regardless of format, must conform to RUSM’s Professional Code of Conduct. Students must

keep in mind that even that content which they post under privatization settings may become

public if those who have access choose to share the posting. Students are prohibited from

posting content that is defamatory, profane, threatening, harassing, hateful or humiliating. This

includes any disparaging remarks in violation of RUSM’s Commitment to Non-Discrimination and

Non-Harassment Statement. Students must also refrain from inciting violence or propagating

hate, which are tantamount to behaviors unbecoming of a physician. The above actions are

considered unprofessional and are against the Code of Conduct. Students may not use RUSM

logos, trademarks or proprietary graphics that would create the appearance they are speaking on

RUSM’s behalf, unless they have received appropriate written prior authorization from RUSM

Associate Dean of Student Affairs.

• Social Media and Learning Environments

o Students are not to represent their posts as speaking on behalf of their clinical sites, unless they

are given permission from the appropriate site representative, and must follow all applicable

policies of their clinical sites related to social media.

o Students must not share information (including posting content) in a way that violates any laws

or regulations.

• Social Media and Patient Care

o When students are providing care to a patient, HIPAA, and likely the clinical affiliate’s policies,

prohibit the disclosure of any identifiable information about a patient, unless doing so pursuant

to one of the limited exceptions outlined in HIPAA and/or partner’s policies and procedures. It is

the student’s responsibility to know the clinical affiliate’s policies and abide thereby.

o Medical students have an ethical and legal obligation to their patients. Students must not refer

to patients in a disparaging manner, including standardized patients, even if the patient is not

identified. Students are required to maintain patient privacy and confidentiality at all times.

o Students are prohibited from taking photos or videos of patients or private patient information,

on personal devices, including cell/mobile phones, unless specifically permitted by the clinical

site’s policies. Student are required to follow the clinical site’s policy for taking photographs or

videos of patients for treatment or other legitimate purposes, using only devices provided by the

site.

o Posting items that contain patient health information and/or violate HIPPA standards, including

photos and videos, on social media is strictly prohibited by RUSM.

o Students must maintain professional boundaries during the use of all social media. As with in-

person relationships, the student has an obligation to establish, communicate and enforce

professional boundaries with patients in the online environment.

o Students must promptly report any identified breach of confidentiality or privacy to the

Associate Dean of Student Affairs.

General Rules of Social Media Engagement

• Be Judicious. Please use your best judgment and make sure your intent reflects the integrity and

professionalism of a future physician.

• Consider the life and audience of your post. Students should keep in mind what is written and posted in

electronic formats on the Internet, instant messaging, email or social networks is easily accessible and

may be in existence in perpetuity.

• Protect yourself. Personal information can be easily shared over the Internet with more people and at a

faster rate than ever before; accordingly, please be careful about what is shared.

SEX AND GENDER-BASED MISCONDUCT RESPONSE AND PREVENTION POLICY

Ross University School of Medicine (“RUSM”) is committed to providing a work and educational environment free

of unlawful harassment, discrimination, and retaliation. RUSM expressly prohibits sex and/or gender-based

misconduct, which includes sexual harassment, sex discrimination, sexual assault, rape, domestic violence, dating

violence, stalking, sexual exploitation and gender-based harassment. Any acts that meet this Policy’s definitions of

sex and/or gender-based misconduct are a violation of RUSM’s Policy. RUSM is committed to fostering an

environment where any alleged violation of this Policy is promptly reported, and complaints are resolved in a fair

and timely manner. Creating a safe environment is the responsibility of all members of the community. Regardless

of the definitions provided below, anyone who believes they are a victim of sex and/or gender-based misconduct

should report the incident as soon as possible to the Sexual Misconduct Response Coordinator (See “Definitions”

section below for contact information) or the campus complaint administrator in addition to seeking immediate

medical and/or safety assistance.

This Policy applies to complaints or reports of alleged sex and/or gender-based misconduct. RUSM states that no

student or employee should be denied equal access to educational programs or activities on the basis of sex or

gender, regardless of geographic location. Accordingly, RUSM has adopted this institutional Policy to ensure that

students and employees are protected even when they are located outside of the United States.

RUSM reserves the right to make changes to this policy as necessary, and once those changes are posted online,

they are in effect. If laws, regulations or court decisions change requirements in a way that affects this policy, the

policy will be construed to comply with the most recent laws, regulations or holdings.

SCOPE

This Policy applies to all members of the RUSM community, and includes but is not exclusive to faculty, staff,

students, visitors, volunteers, vendors and persons related to, receiving or seeking to receive services, or otherwise

pursuing studies with the organization. It also applies, as appropriate, to any alleged act of sex and/or gender-

based misconduct that adversely impacts the RUSM community, whether those acts occur on or off campus.

KEY DEFINITIONS

“Affirmative Consent” is the affirmative, knowing, conscious, voluntary and mutual agreement to engage in sexual

activity. Consent can only exist free from intimidation, force, threat of force or coercion. Under this Policy, “No”

always means “No” and “Yes” may not always mean “Yes.” Anything but voluntary, conscious, affirmative consent

to any sexual activity is equivalent to “no” for purposes of this Policy. It is the responsibility of each person

involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage

in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any

time. While the legal definition of consent is found in the RUSM’s Annual Disclosure, the following general rules

apply when assessing whether consent has been/was given.

• Consent can never be assumed.

• The lack of protest or resistance does not constitute consent, nor does silence.

• Where there is use of threat, force or restraint by the Respondent, the lack of verbal or physical resistance

or the submission by the victim does not constitute consent.

• The manner of dress of the victim does not constitute consent.

• The existence of a dating relationship between the persons involved or the fact of past sexual relations

between them should never, by itself, be assumed to be an indicator of consent.

• Consent to sexual activity with one person does not constitute consent to sexual activity with another

person.

• A person who initially consents to sexual contact, including penetration, may withdraw continued consent

at any time during the course of that interaction. When consent is withdrawn or can no longer be given,

engagement in sexual activity must stop.

• Consent to some form of sexual activity cannot automatically be taken as consent to any other form of

sexual activity.

• A person cannot consent to sexual activity if that person is unable to understand the nature of the activity

or give knowing consent due to circumstances, including without limitation the following: the person is

incapacitated due to use or influence of alcohol or drugs; the person is asleep or unconscious; the person

is underage, or the person is incapacitated due to a mental disability.

• Consent is required regardless of whether the person initiating sexual activity is under the influence of

drugs and/or alcohol.

• A power differential between people engaged in a sexual act presumes the inability to consent for the less

powerful person (e.g., the student in a student-colleague interaction; the supervisee in a direct report-

supervisor interaction).

• It is not a valid excuse to alleged lack of affirmative consent that the Respondent believed the victim

consented to sexual activity if the:

o Respondent’s belief arose from the Respondent’s own intoxication or recklessness.

o Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively

consented.

o Respondent knew or a reasonable person should have known that the Complainant was unable

to consent because the Complainant was asleep, unconscious, incapacitated due to the influence

of drugs, alcohol or medication, or was unable to communicate due to a mental or physical

condition.

“Colleague” an employee of Ross University School of Medicine.

“Colleague Code of Conduct” refers to the “Adtalem Code of Conduct and Ethics” which is applicable to colleagues

at all Adtalem Global Education institutions and offices and outlines colleagues’ rights and responsibilities.

“Colleague complaint procedure” is the vehicle by which colleagues can bring to the administration’s attention

any complaint relating to their experience with RUSM or a member of the RUSM community. It is the mechanism

for investigating and trying to resolve complaints raised by colleagues and can be found in the Commons

(apps.adtalem.com > Commons- HR Portal > Policy Central).

“Complainant” an individual who is alleged to be the victim of conduct that could constitute sex and/or gender-

based misconduct.

“CRC” refers to the Coaching Resource Center, which is available to managers to assist in addressing colleague

relations concerns, including complaints about colleague or vendor conduct.

“Dating Violence” means violence committed by a person (A) who is or has been in a social relationship of a

romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined

based on a consideration of the following factors: the length of the relationship; the type of relationship; and the

frequency of interaction between the persons involved in the relationship.

“Decision-Maker” panel of no fewer than three (3) member who will facilitate the live hearing and determine if a

violation of this Policy occurred.

“Domestic Violence” 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.

“Formal Complaint” is a document (hardcopy or electronic) filed by a Complainant or signed by the Sexual

Misconduct Response Coordinator alleging Sexual Harassment against a Respondent and requesting that RUSM

investigate. A Formal Complaint must be signed (physical or digital) by the Complainant, the Sexual Misconduct

Response Coordinator, or otherwise indicate that the Complainant is the person filing the Formal Complaint. At the

time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in RUSM’s

education Program or Activity with which the Formal Complaint is filed.

“Gender-based Misconduct” refers to unwelcome conduct, including harassment, of an unacceptable nature

based on actual or perceived biological sex, including behaviors based on gender identity, expression and

nonconformity with gender stereotypes.

“Mandatory Reporter” is an employee who must report all instances of Sexual Harassment to the Sexual

Misconduct Response Coordinator. All employees are Mandatory Reporters.

“Member of the RUSM community” includes students, faculty members or staff and any other individuals

associated with Ross University School of Medicine. The conduct administrator or complaint administrator shall

determine a person’s status in a particular situation.

“Notice” refers to any information regardless of whether it is direct, indirect, partial or complete received by a

colleague that indicates possible sex or gender-based misconduct. When notice is received, colleagues are

required to inform the Sexual Misconduct Response Coordinator or their supervisor who, in turn, must make a

report to the Sexual Misconduct Response Coordinator.

“One-up manager” is a colleague’s manager’s manager. It is the person responsible for receiving a colleague’s

complaint when his/her direct manager is implicated in that complaint.

“Program or Activity” is an on or off campus locations, events, or circumstances over which RUSM exercises

substantial control over both the Respondent and the context in which the Sexual Harassment occurred.

“Rape” is any 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 affirmative consent of the victim and/or by force. Rape

may involve strangers or a non-stranger (e.g., friend, classmate, relative, spouse or co-worker). In these instances,

rape is often referred to as “acquaintance rape.” Rape is a crime regardless of a relationship or lack thereof

between individuals.

“Respondent” an individual who has been reported to be the perpetrator of conduct that could constitute sex

and/or gender-based misconduct.

“Sexual Assault

” means an offense classified as a forcible or nonforcible sex offense under the uniform crime

reporting system of the Federal Bureau of Investigation.

“Sexual Contact” means the deliberate touching of a person’s intimate body parts (including lips, genitalia, groin,

breast, buttocks or clothing covering any of those areas), or using force to cause self-touching by another person of

intimate body parts.

“Sexual Exploitation” occurs when a person takes non-consensual or abusive sexual advantage of another for the

advantage or benefit of themselves or any other person that is not the person being exploited by the behaviors.

Examples include but are not limited to invasion of sexual privacy; prostitution; non-consensual recording of nudity

or sexual activity; voyeurism; knowingly exposing someone to an STI, STD or HIV; intentional exposure of genitals

in non-consensual circumstances and sex-based stalking or bullying.

“Sexual Harassment” is conduct on the basis of sex that satisfied one or more of the following:

1. A RUSM colleague (employee) conditioning educational benefits or participation on an individual’s

participation in unwelcome sexual conduct (i.e., quid pro quo).

2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and

objectively offensive that it effectively denies a person equal access to RUSM’s education program or

activity; or

3. Sexual Assault, Dating Violence, Domestic Violence or Stalking.

“Sex and Gender-based Misconduct” is a broad term used to refer to all conduct prohibited by this Policy. This

encompasses sexual harassment, gender-based harassment, dating violence, domestic violence, rape, sexual

assault, sexual exploitation and stalking that fall outside of RUSM’s Title IX policy. Sex and gender-based

misconduct can occur between strangers or non-strangers, including people involved in an intimate or sexual

relationship. Sex and gender-based misconduct can be committed by any person regardless of sex, gender or

sexual orientation of the victim or perpetrator.

“Sexual Misconduct Response Coordinator” is Kelsey Bowen, Coordinator, Student Affairs RUSM

(TitleIXCoordinato[email protected] or 754.208.4774) for overseeing compliance with all aspects of this Policy and

designated to receive and monitor resolution for all sexual misconduct reports.

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable

person to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

“Code of Conduct applicable to students” refers to the policy titles “Student Code of Conduct,” which is accessible

in the Student Handbook. It outlines students’ rights and responsibilities, as well as the process by which action

may be taken against a student for Code violations.

“Student complaint procedure” is the vehicle by which students can bring to RUSM’s attention any complaint

relating to their experience with RUSM or a member of the RUSM community. It is the mechanism for investigating

and attempting to resolve complaints raised by students. The student complaint procedure can be found in the

Student Handbook http://medhandbook.rossu.edu/.

“Speak Up” refers to the Adtalem Speak Up Program, a reporting system managed by a third-party vendor

(Convercent), which encourages members of the RUSM community to come forward with questions or concerns,

including allegations of sex and/or gender-based misconduct. Reports can be made anonymously, or reporters can

provide their name and contact information. Colleagues are expected to ask legal, compliance and ethics questions

and report suspected wrongdoing. Colleagues and students can utilize the Speak Up program by contacting the

The FBI’s Uniform Crime Reporting Program (FBI UCR) includes forcible and nonforcible sex offenses such as rape, fondling,

and statutory rape, which contain elements of “without the consent of the victim.”

third-party contractor Convercent by phone at 1.800.461.9330 (in the U.S.) or 1.855.203.6928 (in Barbados), or

online at www.speakupadtalem.com.

“Stranger” and “Non-stranger” are terms to describe the association between a victim of sexual harassment or

sexual misconduct and the Respondent. A “Stranger” is a person(s) not known by the victim at the time of the

alleged sexual harassment or sexual misconduct. A “Non-stranger” is a person(s) known by the victim, whether the

person(s) is known casually, intimately or for a short or long period at the time of the alleged sexual harassment or

sexual misconduct. RUSM’s Sex and Gender-Based Misconduct Response and Prevention Policy applies to

misconduct involving both Strangers and Non-strangers, occurring on- or off-campus.

“Supportive Measures” are individualized services reasonably available upon report of sex and gender-based

misconduct.

“Title IX” is a federal law which prohibits Sexual Harassment committed against persons in the United States as

part of RUSM’s education program or activity. RUSM’s Title IX policy is https://medical.rossu.edu/student-

consumer-information. Title IX is enforced by the U.S. Department of Education.

“Title IX Coordinator” is Kelsey Bowen, Coordinator, Student Affairs RUSM (TitleIXCoordinato[email protected]or

754.208.4774) is responsible for overseeing compliance with all aspects of RUSM’s Title IX policy and

responsibilities.

HOW TO FILE A COMPLAINT

If you have experienced or witnessed sex and/or gender-based misconduct, RUSM encourages you to notify the

Sexual Misconduct Response Coordinator as soon as possible after the incident. A report may be made to either or

both the police and the Sexual Misconduct Response Coordinator. The criminal process is separate from RUSM’s

process. Complainants have the option to notify law enforcement directly or be assisted in doing so. If requested,

RUSM will assist a victim of Sexual Harassment in contacting the police. A Complainant is not required to contact

the police in order to pursue RUSM’s grievance process.

Complaints against colleagues must be made within three months of the alleged incident to preserve RUSM’s full

range of range of sanctions, including termination.

A report can be filed with a manager, one-up manager, incident commander, designated local campus

administrator or through the Sexual Misconduct Response Coordinator.

Sexual Misconduct Response Coordinator:

Kelsey Bowen

Manager of Student Support

Ross University School of Medicine

10315 USA Today Way, Miramar, FL 33025

754.208.4774 | TitleIXCoordin[email protected]

Reports can be made by victims, third parties or bystanders with the option to remain anonymous through the

Speak Up program by phone at 1.800.461.9330 (in the U.S.) or 1.855.203.6928 (in Barbados), or online at

www.speakupadtalem.com. Timely response to electronic reports should occur within 12 hours of initial receipt.

If a victim wishes to access local community agencies for support or law enforcement to make a report, upon

request, RUSM will assist the victim in making these contacts. Direct assistance, though limited, remains available

when reports are made anonymously through Speak Up.

Anyone may make a report regarding any information pertaining to violations of this Policy. All RUSM colleagues

(faculty, staff, administrators and student workers) who are not otherwise identified in this Policy or through

institutional addendums as confidential resources are required to immediately provide any information received

about any actual or suspected sex and/or gender-based misconduct impacting the RUSM community to

appropriate officials with some very narrow exceptions discussed elsewhere in this Policy (see “Confidentiality”).

Regardless of how notice is received, reports may prompt a need for RUSM to investigate.

REPORTING BY COLLEAGUES TO EXTERNAL AUTHORITIES

Colleagues who are made aware of a possible violation of this Policy are required to contact their manager or one-

up manager and also the Sexual Misconduct Response Coordinator. Colleagues can also submit named or

anonymous reports of sexual and/or gender-based misconduct by utilizing the Adtalem “Speak Up” hotline at

www.speakupadtalem.com.

Colleagues should contact the Sexual Misconduct Response Coordinator with any questions about whether a

report to law enforcement is appropriate. Nothing in this Policy prohibits a student or colleague from reporting a

crime directly to local authorities.

Disciplinary procedures are independent of any and all procedures and proceedings under local, state or federal

criminal or civil law. In all cases, RUSM reserves the right to refer cases for parallel criminal prosecution or to

pursue sanctions regardless of criminal prosecution. Violations of this Policy by a visitor, volunteer, vendor, agents

or other third parties affiliated with RUSM may also result in the termination of pre-existing or future relationships.

COMPLAINANT’S RIGHTS

RUSM will implement Supportive Measures to protect victims of sex and gender-based misconduct and maintain a

positive learning and working environment by minimizing or eliminating contact between Complainant and

Respondent and providing reasonable academic, employment, and administrative accommodations. See

“Supportive Measures” paragraph above for additional details.

Complainant’s rights include:

• The right to notify or not notify law enforcement and to request and receive assistance from RUSM in

making a report if desired.

• The right to summary information on all available response options, such as complaint resolution

procedures, including the necessary steps and potential consequences of each option whether or not a

formal report is made to the institution.

• The right to be free from undue coercion from RUSM to pursue or not pursue any course of action.

• The right to be informed of the institution’s role regarding orders of protection, no contact orders,

restraining orders or similar lawful orders issued by a civil, criminal or tribal court (when applicable).

RUSM abides by orders of protection (including no-contact orders and restraining orders), which are

generally issued by a municipal court to protect a person or entity in a situation involving sexual assault.

RUSM may also liaise with local authorities to assist an individual who wishes to obtain protective or

restraining orders.

• The right to request and receive information on how to make a confidential report for the purposes of

tracking campus crime without otherwise divulging details that would require or permit RUSM to

investigate and respond (when the incident has not yet been reported to a colleague required to notify

the Sexual Misconduct Response Coordinator).

• The right to contact information for the Sexual Misconduct Response Coordinator, available confidential

advisors, community-based resources (sexual assault crisis centers or other appropriate support services),

campus security and/or local law enforcement.

• The right to be fully informed of any applicable disciplinary conduct process and procedures.

• The same rights as the Respondent to attend and have a support person of their choice and/or witnesses

present at student conduct hearings and any meetings leading up to such a hearing.

• The right to be informed of the outcome of any student or colleague conduct process involving alleged sex

or gender-based misconduct regardless of participation in the process leading to that outcome. In the

case of student conduct proceedings, victims have the right to appeal the outcome.

• The right to request Supportive Measures.

• The right to obtain and have enforced a campus-issued limiting instruction or no contact order or a court

issued order of protection or no contact order.

• The right to be informed about RUSM’s ability to provide assistance, upon request, in accessing and

navigating campus and/or community resources for health, mental health, advocacy, and/or other

services for survivors of sexual assault, relationship violence and other forms of sexual misconduct.

• The right to be free from any suggestion that they are at fault or should have acted in a different manner

to avoid reported sex or gender-based misconduct.

• The right to not be required to describe the incident to more representatives than absolutely necessary

for proper investigation and response and under no circumstances will a victim be required to repeat

details of the incident to secure appropriate accommodations.

• The right to make an impact statement during the point in any conduct review process where the decision

maker is prepared to deliberate on appropriate sanctions.

CONFIDENTIALITY

RUSM wishes to create an environment in which individuals feel free to discuss concerns and make complaints.

RUSM understands that victims, witnesses and others involved in the investigation process may be concerned

about the confidentiality of the information they are sharing. In some cases, however, RUSM may be obligated to

take action when it becomes aware of information relating to a complaint.

Confidentiality in cases of sex and/or gender-based misconduct will be maintained to the extent permissible by law

and consistent with RUSM’s obligations in investigating complaints. Once an individual discloses identifying

information to RUSM through the processes described above and in the applicable complaint procedures, that

person will be considered to have filed a complaint with RUSM.

While the confidentiality of information received, the privacy of individuals involved and compliance with the

wishes of the Complainant or witnesses cannot be guaranteed, they will be respected to the extent possible and

appropriate.

If students or colleagues wish to speak with someone who can assure confidentiality, they may contact a

Confidential Advisor.

Confidential Resource:

Barbados:

Dr. Dahlia Gibson

Director of Counseling

Ross University School of Medicine

Two Mile Hill, St. Michael, Barbados BB11093

[email protected]

United States:

Dr. Maria Mejia

Manager, Clinical Student Support

Ross University School of Medicine

10315 USA Today Way, Miramar, FL 33025

[email protected]

Students are also encouraged to access counseling services available through the RUSM Wellness and Counseling

Center in Barbados at 246.245.1622, the RUSM Wellness and Counseling Center at 754.208.4706, or the RUSM

Care Team at RUSM[email protected]. Colleagues may contact AskHR at 1.855.882.4770 for information on

available resources.

30 
 
These confidential resources permit discussion of an incident without beginning the investigation process. Local or 
profession specific mandatory reporting laws related to certain types of concerns (i.e., child sexual abuse) may still 
trigger a requirement for a confidential resource to report an incident to identified enforcement agencies.  
 
SUPPORT AND RESOURCES 
Upon report of alleged sex and/or gender-based misconduct, the Sexual Misconduct Response Coordinator will 
offer individualized appropriate support (“Supportive Measures”) or refer the victim directly to immediate 
assistance. Supportive Measures are available to the Respondent or Complainant, as appropriate. Examples 
include academic accommodations, changes in housing for the victim or a Respondent student, changes in working 
situations and other arrangements as may be appropriate and available (such as limiting orders, campus escorts, 
transportation assistance or targeted interventions).  
 
Victims of sexual assault, dating violence, domestic violence and/or stalking will also be provided with written 
notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and 
immigration assistance, student financial aid and other services available. 
RUSM will keep confidential the victim’s identity and any accommodations or Supportive Measures provided, to 
the extent that maintaining such confidentiality will not impair RUSM’s ability to provide the accommodations or 
Supportive Measures.  
Supportive Measures are individualized and appropriate based on the information gathered by the Sexual 
Misconduct Response Coordinator. If circumstances related to an incident change over time, these and other 
Supportive Measures may be revisited. RUSM may also provide referrals to counseling services, at the victim’s 
option, including but not limited to the confidential colleague and student support services outlined above (See 
“Reporting”). A brief list of national and international referral sites can be found at the end of this Policy. 
 
ADDITIONAL RESOURCES FOR COMPLAINANTS 
Local Resources can be found in the RUSM’s Annual Security Report distributed to each campus community and 
posted on the Student Consumer Information page of RUSM’s website. The reports are available by location in a 
drop-down menu and contain lists of local resources available to victims of sex and gender-based misconduct. The 
resource lists are updated annually. 
 
To access this information, go to: https://medical.rossu.edu/student-consumer-information  
 
Additionally, the following resources exist to provide information and links to external assistance: 
1.  National Sexual Assault Hotline 1.800.656.HOPE (4673) rainn.org  
2.  National Domestic Violence Hotline 1.800.799.7233 (TTY) 1.800.787.3224 thehotline.org  
3.  National Network to End Domestic Violence nnedv.org womenslaw.org  
[Legal information and resources] 
4.  National Center for Victims of Crime victimsofcrime.org  
5.  loveisrespect 1.866.331.9474 (TTY) 1.866.331.8453 loveisrespect.org  
6.  National Suicide Prevention Hotline 1.800.273.TALK (8255) suicidepreventionlifeline.org  
7.  Americans Overseas Domestic Violence Crisis Center 1.866.USWOMEN (International Toll-Free) 
[email protected] 
8.  U.S. Embassy usembassy.gov  
9.  Child Welfare Information Gateway childwelfare.gov  
10.  State Statutes Including Mandatory Reporting Laws childwelfare.gov/topics/systemwide/laws-
policies/state 
 
AMNESTY FOR COMPLAINANTS AND WITNESSES 
RUSM will investigate allegations of sex and gender-based misconduct, including when drugs or alcohol may have 
been involved. RUSM encourages the reporting of sex and gender-based misconduct by victims and witnesses who 
are sometimes hesitant to report to RUSM officials or participate in the resolution processes because of concern 
that they may be accused of policy violations, such as underage drinking or drug use at the time of the incident. It 
is in the best interest of the community that victims and witnesses come forward to share what they know 

regarding violations of this Policy. To encourage reporting, RUSM grants victims and witnesses amnesty, when

appropriate, for potential RUSM policy violations and provides all parties and witnesses other interim measures as

appropriate or needed.

Similarly, RUSM encourages direct assistance to those in need as a result of sex or gender-based misconduct. In

instances where minor policy violations are revealed as a result of a person providing assistance to a victim, policy

violations should not be overlooked; however, RUSM may provide educational options, rather than punitive

sanctions, to those who offer their assistance.

COMPLAINT DISMISSAL

Dismissal of a Formal Complaint may occur under several circumstances. RUSM must dismiss a Formal Complaint if

the allegations do not meet the definition of Sexual Harassment, did not occur in RUSM’s education Program or

Activity, or did not occur against a person in the United States.

RUSM may dismiss a Formal Complaint if the Complainant informs the Sexual Misconduct Response Coordinator,

in writing, that he, she, or they withdraw the Formal Complaint or allegations therein; the Respondent is no longer

enrolled or employed by RUSM; or if specific circumstances prevent RUSM from gathering sufficient evidence to

reach a determination. If a Formal Complaint is dismissed, the parties will be provided written notice of the

dismissal outlining the reason(s) for dismissal.

EMERGENCY REMOVAL

RUSM can remove a Respondent entirely or partially from an educational Program or Activities on an emergency

basis when an individualized safety and risk analysis has determined that an immediate threat to the physical or

safety of any student or other individual justifies removal. The risk analysis is performed by the Sexual Misconduct

Response Coordinator in conjunction with the Director, Enterprise Safety and Security.

In cases in which an emergency removal is imposed, the Respondent will be given notice of the action and the

option to request to meet with the Sexual Misconduct Response Coordinator prior to such action/removal being

imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be

implemented or should be modified. This meeting is not a hearing on the merits of the allegation(s), but rather is

an administrative process intended to determine solely whether the emergency removal is appropriate. When this

meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived.

The Sexual Misconduct Response Coordinator has sole discretion under this policy to implement or stay an

emergency removal and to determine the conditions and duration. Violation of an emergency removal under this

policy will be grounds for discipline, which may include expulsion or termination.

RUSM will implement the least restrictive emergency actions possible in light of the circumstances and safety

concerns. As determined by the Sexual Misconduct Response Coordinator, these actions could include, but are not

limited to temporarily re-assigning a Colleague, restricting a student’s or Colleague’s access to the campus,

allowing a student to withdraw or take grades of incomplete without financial penalty, and authorizing an

administrative leave.

GRIEVANCE PROCESS

RUSM utilizes a prompt, equitable and impartial grievance process to evaluate reports. Personnel involved in the

grievance process will be free from conflicts of interest or bias for or against the parties.

The parties will receive equal opportunity to provide information, witness statements, evidence, and other

information that may be necessary to fully evaluate the alleged offense. Both parties will be afforded equitable

rights and access during the grievance process.

Generally, the grievance process consists of a report, investigation, live hearing (including cross-examination),

determination, disciplinary measures, remedies and appeal (if applicable). The grievance process, baring

extenuating circumstance, will conclude within 90 calendar days from the date a report is received. The parties will

be notified by the investigator or decision-maker if the process will take longer than 90 days.

ADVISOR

The parties may be accompanied by an advisor of their choice. If a party does not have an advisor present at the

live hearing, the RUSM will select and provide an advisor, without fee or charge, to conduct cross-examination of

witnesses on behalf of that party. The parties may not conduct cross-examination.

Choosing an advisor who is a witness in the grievance process creates potential for bias and conflict of interest. A

party who chooses an advisor who is also a witness can anticipate that issues of potential bias will be explored by

the Decision-Maker.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase

of the grievance process. Advisors are expected to advise without disrupting proceedings. For example, advisors

should not address RUSM officials in a meeting or interview unless invited to. An advisor may not make a

presentation during any meeting or proceeding and may not speak on behalf of the party to the investigation or

other Decision-Maker except during a live hearing, during cross-examination. If an advisor is disruptive or

otherwise fails to respect the limits of the advisor role, the meeting or interview may be ended.

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared

with third Parties, disclosed publicly, or used for purposes not explicitly authorized by RUSM. Ross University

School of Medicine may seek to restrict the role of any advisor who does not respect the sensitive nature of the

process or who fails to abide by the RUSM’s privacy expectations.

INVESTIGATION

When the Complainant chooses or RUSM believes it is necessary, a prompt, fair and impartial process from the

initial investigation to the final result to resolve reports of sex and gender-based misconduct. In the event a

Complainant requests that an investigation not occur, their request will be honored when possible and unless

RUSM determines in good faith that failure to investigate creates a potential risk of harm to the Complainant or

other member of the RUSM community.

If an investigation is initiated, the process will be conducted by officials of the Office of Equity and Access, or its

designee, who will receive annual training on the issues related to sex and gender-based misconduct, including

sexual assault, dating violence, domestic violence and stalking and on how to conduct an investigation and hearing

process that protects the safety of victims and promotes accountability. RUSM officials who do not have a conflict

of interest or bias for or against the Complainant or the Respondent will conduct the process.

Generally, an investigation will consist of interviewing the Complainant, the Respondent and any witnesses. The

parties will be provided an equal opportunity to present fact and expert witnesses or other evidence. The parties

(and their advisors) will be provided with evidence directly related to the allegations, in electronic format or

hardcopy, with at least 10 days for the parties to inspect, review, and respond to the evidence. The Investigator

will consider the responses received from the parties before issuing the investigative report.

Once the investigation has concluded, the Investigator will draft an investigative report (hardcopy or electronic)

that fairly summarizes relevant evidence. The investigative report will be sent to the parties (and their advisors) at

least 10 days prior to a live hearing. The parties may provide a written response to the investigative report.

The colleague complaint procedure, which details the investigation and resolution processes for prohibited

colleague conduct, can be found on the Commons (apps.adtalem.com > Commons- HR Portal > Policy Central).

Privacy of the records specific to a sex and/or gender-based misconduct investigations are maintained in

accordance with applicable law, including the Family Educational Rights and Privacy Act (FERPA). Any public release

of information to issue a timely warning will not include the names of victims or information that could easily lead

to a victim’s identification. In appropriate instances, pertinent Supportive Measures and the results of disciplinary

hearings regarding the Respondent will be disclosed to the Complainant. Confidentiality will be maintained

whenever possible; however, RUSM reserves the right to exercise discretion and disclose details of an incident or

allegation to assure community safety or the safety of an individual.

INFORMAL RESOLUTION

If the Sexual Misconduct Response Coordinator deems appropriate and both parties voluntarily consent in writing,

Formal Complaints can be resolved through informal resolution, such as mediation. The Sexual Misconduct

Response Coordinator will facilitate an appropriate informal resolution process depending on the nature of the

allegations, the parties involved, and the overall circumstances. Informal resolution will be conducted by a

facilitator, who will be designated by the Sexual Misconduct Response Coordinator. At any time prior to agreeing to

a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance

process. Informal resolution is unavailable to resolve allegations that a Colleague sexually harassed or sexual

assaulted a student.

LIVE HEARING

If a report is not resolved informally, RUSM will conduct a live hearing. Live hearings are facilitated by a designated

Decision-Maker. The Decision Maker will be selected by the Office of Equity and Access. The Decision-Maker

consists of a panel of no fewer than three (3) members, designated from the hearing panel.

Cross-examination during the live hearing will be conducted directly, orally, and in real time by the party’s advisor

and not by a party personally. The Decision-Maker will permit each party’s advisor to ask the other party and any

witnesses all relevant questions and follow-up questions, including that challenge credibility. Only relevant cross-

examination questions (as well as other questions deemed pertinent at the discretion of the Decision-Maker) may

be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination

question, the Decision-Maker must first determine whether the question is relevant and explain to the party’s

advisor asking cross-examination questions any decision to exclude a question as not relevant.

Rape shield protections are applied to Complainants, deeming irrelevant questions and evidence about a

Complainant’s prior sexual behavior unless offered to prove that someone other than the Respondent committed

the alleged Sexual Harassment or offered to prove consent.

As of August 24, 2021, and pursuant to the Department of Education’s August 24, 2021, guidance, the Decision-

Maker may consider statements from a party or witness who are not present at the live hearing in reaching a

determination regarding responsibility, so long as the questions are otherwise permissible. However, the Decision-

Maker will not draw an inference about the determination regarding responsibility based solely on a party’s or

witness’s absence from the live hearing or refusal to answer questions.

At the request of either party, RUSM will provide for the entire live hearing (including cross-examination) to occur

with the parties located in separate rooms with technology enabling the parties to see and hear each other. Live

hearings may be conducted with all parties physically present in the same geographic location or, at RUSM’s

discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually. An audio or

audiovisual recording, or transcript, of any live hearing will be created and maintained for seven (7) years.

Individuals participating in the live hearing cannot be disruptive and must follow the policies and procedures set by

RUSM. The Decision-Maker has the authority to enforce decorum.

STANDARD OF EVIDENCE

The Decision-Maker will utilize the preponderance of evidence standard to determine if a violation of the Sex and

Gender-Based Misconduct Response and Prevention Policy occurred. The preponderance of evidence standard

means that based on all the information available, it is more likely than not that the alleged sexual harassment or

sexual misconduct occurred.

EVIDENCE LIMITATIONS

RUSM will not use, rely on or seek disclosure of information protected under a legally recognized privilege, unless

the person holding such privilege has waived the privilege. RUSM will not access or use a party’s medical,

psychological, and similar treatment records unless the party provides voluntary, written consent. Prior sexual

behavior unless offered to prove that someone other than the Respondent committed the alleged sexual

misconduct or offered to prove consent. Past findings of domestic violence, dating violence, stalking or sexual

assault may be admissible in the review process stage that determines sanction.

WRITTEN DETERMINATION

Once complete, the parties will be simultaneously informed in writing of the outcome. Notice to both parties will

include the written statement detailing the factual findings supporting the determination and the rationale for the

sanction/discipline (if any) to the degree possible and always when the sanction/discipline is directly relevant to

that individual. The notice will also include appeal procedures, if applicable, and when the results become final.

DISCIPLINARY REVIEW AND ACTION

Acts of sex and/or gender-based misconduct are subject to disciplinary action. Disciplinary actions against the

Respondent will not be imposed before completion of RUSM’s grievance process. Following a determination of

responsibility, appropriate corrective action will be taken, and RUSM will take steps to prevent recurrence.

Disciplinary actions taken will be determined on a case-by-case basis. Disciplinary action is not intended to

determine criminal responsibility. Rather, it is intended to identify and respond to violations of RUSM policy and

community standards. Separate and distinct disciplinary action may also be considered in instances of retaliation

against those who in good faith report or disclose an alleged violation of the comprehensive policy, file complaint,

or otherwise participate in the complaint resolution procedure. Failure to abide by imposed disciplinary actions

(whether by refusal, neglect or any other reason), may result in additional disciplinary action, including suspension

or termination. Failure by Respondent to adhere to Disciplinary Action will be considered a form of retaliation or

an extension of the initial allegations.

Individuals who make a materially false statement in bad faith in the course of a grievance process under this

Policy will be subject to RUSM’s Code of Conduct policies.

REMEDIES

Remedies are provided to a Complainant whenever a Respondent is found responsible and may be disciplinary and

punitive. Student remedies are designed to maintain the Complainant’s equal access to education. Remedies will

be determined on a case-by-case basis and reasonable under the circumstances. Remedies may include supportive

measures.

SANCTIONS FOR STUDENT MISCONDUCT

If RUSM determines that sex and/or gender-based misconduct has occurred, appropriate disciplinary sanctions for

substantiated violations of this Policy by students, up to and including expulsion, will be imposed in accordance

with the Code of Conduct applicable to students found at http://medhandbook.rossu.edu. The full list of available

sanctions is provided in the Code of Conduct applicable to students.

This Policy statement is not intended to replace or substitute for the Code of Conduct applicable to students. This

Policy is a supplement to the community standards that the Code of Conduct applicable to students sets forth. In

addition, violations of this Policy may trigger application of sanctions to a student imposed under local, state or

federal law.

SANCTIONS FOR COLLEAGUE MISCONDUCT

Disciplinary sanctions for a colleague’s violation of this Policy may include written reprimand, warning, probation,

suspension, housing suspension, housing expulsion, limiting order, change in job assignment, office relocation,

reduction of awards under the management incentive plan, or termination of employment or contract, and will be

imposed in accordance with applicable RUSM policies and procedures.

RUSM reserves the right to impose further and/or different sanctions appropriate to an individual situation. In

addition, violations of this Policy may trigger application of sanctions to a colleague imposed under local, state or

federal law.

Colleagues are also subject to processes and discipline determined by the Human Resources Department. The HR

process is separate and apart from the Sexual Misconduct Response process and not constrained by the outcome

of the Sexual Misconduct Response process.

APPEAL

Both parties have the right to appeal a determination regarding responsibility, RUSM’s dismissal of a Formal

Complaint or any allegations therein if: (1) procedural irregularity affected the outcome of the matter; (2) there is

newly discovered evidence that could affect the outcome of the matter; (3) a conflict of interest or bias, that

affected the outcome of the matter; and/or (4) the proposed Remedy was not reasonable based on the evidence

compiled during the investigation

An appeal must be submitted in writing to the Sexual Misconduct Response Coordinator within ten days of the

delivery of the Written Determination.

RETALIATION PROHIBITED

Retaliation (including intimidation, threats, coercion or discrimination) against an individual for raising an

allegation of sexual and/or gender-based misconduct, for cooperating in the investigative is prohibited. If you

believe you have been retaliated against, you should follow the procedures outlined in RUSM’s Retaliation policy

located in the Student Handbook. Colleagues should refer to the Retaliation policy located in the Global Employee

Handbook.

TRAINING FOR SEXUAL MISCONDUCT RESPONSE PERSONNEL

RUSM ensures that its Sexual Misconduct Response personnel have adequate training. The Sexual Misconduct

Response Coordinator and Investigators are trained on the definition of Sexual Harassment, the scope of RUSM’s

education Program or Activity, how to conduct an investigation, RUSM’s grievance process (including hearings,

appeals, and informal resolution processes, as applicable) and how to serve impartially by avoiding prejudgment of

the facts at issue, conflicts of interest, and bias. Decision-Makers are trained on the definition of Sexual

Harassment, the live hearing process, technology to be used in live hearings, and issues of relevance (including

how to apply the rape shield protections provided for Complainants). Informal resolution facilitators are trained on

the informal resolution process.

Materials used to train Sexual Misconduct Response personnel are posted on RUSM’s website and may also be

requested directly from the Sexual Misconduct Response Coordinator.

RUSM will provide primary prevention and awareness programs to prevent Sexual Assault, Dating Violence,

Domestic Violence and Stalking to incoming students and new Colleagues during their first semester.

BIAS/CONFLICT OF INTEREST

To raise any concern involving bias or conflict of interest by the Sexual Misconduct Response Coordinator, contact

the Director of the Office of Equity and Access, Dwight Hamilton, by phone at 312.651.1458 or by email at

[email protected]. Concerns of bias or potential conflict of interest by any other personnel should be raised

with the Sexual Misconduct Response Coordinator.

TIMELY WARNING REQUIREMENTS

College administrators will issue timely warnings for incidents reported that pose a substantial threat of bodily

harm or danger to other members of the campus community. RUSM will make every effort to ensure that a

victim’s name and other identifying information is not disclosed, while still providing enough information for

community members to make safety decisions in light of the danger. RUSM reserves the right to notify

parents/guardians of dependent students regarding any health or safety risk, or a change in student status.

Personally identifiable information for victims of Sexual Assault, Dating Violence, Domestic Violence and Stalking

will not be included in any publicly available recordkeeping, including safety reporting and disclosures such as the

ASR.

PREVENTION AND AWARENESS

Acts that are deemed to fall within the scope of this Policy are violations of the Codes of Conduct as well as the

expectations of members of the RUSM community. These acts may also be crimes. In an effort to increase the

likelihood of intervention and reduce the risk of sex and/or gender-based misconduct from occurring among its

students and colleagues, RUSM is committed to providing primary and ongoing awareness and prevention

programming.

Primary and ongoing awareness and prevention programs will cover the continuum of issues contemplated by this

Policy. Themes will include situational awareness and prevention strategies, such as bystander intervention and

other forms of risk reduction. While bystander intervention specifically refers to the safe and effective ways in

which third parties can intervene to thwart sex and/or gender-based misconduct, risk reduction also encompasses

various strategies to eliminate or reduce risk of harm by avoiding or removing oneself from situations that are

dangerous or uncomfortable. Awareness programs are events that occur online or in person that invite active

engagement of community members. It is the expectation and responsibility of each member of the RUSM

community to participate in programming which will assist with ongoing prevention efforts as well as effective and

efficient identification and response when sex and/or gender-based misconduct does occur.

Primary prevention and awareness programming will include a comprehensive online education platform

intended for viewing by all colleagues and students as well as student-facing vendors if necessary and appropriate.

The program will be completed by:

1. New students and transfer students within three weeks of the start of the student’s first session

2. Returning and continuing students who did not take the training as a new or transfer student within three

weeks of the start of the session the student is scheduled to resume or continue studies.

3. Colleagues by the date stated in email notification.

4. Specific vendors by the date stated in email notification.

Access to the primary prevention program and its contents will be ongoing throughout the participant’s

relationship with RUSM. Members of the RUSM community are encouraged to visit this resource regularly for

personal, professional and academic purposes.

Ongoing prevention and awareness campaigns are public service announcements and campaigns as well as

messages and activities integrated into the day-to-day fabric of the academic community. These initiatives are

intended to reinforce increased awareness regarding sex and/or gender-based misconduct and prevention

strategies throughout the year. RUSM will continually seek formal and informal ways to incorporate additional

awareness and prevention strategies, e.g., active and passive educational campaigns, such as social norms poster

campaigns, newsletter articles, presentations and volunteerism with local community resource agencies. When

additional ongoing education is provided, the organizer will report that event, activity or effort to the Sexual

Misconduct Response Coordinator for record keeping and quality assurance purposes. Toolkits including ideas and

resources that support ongoing efforts and are related to the primary prevention and awareness programming,

will be made available to any campus upon request.

Risk Reduction Tips

Responsibility for sexual misconduct rests with those who commit such acts. Risk reduction tips are not intended

to blame the victim. There are precautions we all can take which may limit our exposure to situations which may

result in non-consensual sexual acts.

• Communicate limits/ boundaries and respect the limits/boundaries of others.

• Clearly and firmly say “No” to a sexual aggressor.

• If possible, leave the physical presence of a sexual aggressor or otherwise violently aggressive person.

• If someone is nearby, ask for help.

• Take responsibility for your alcohol/drug use. Acknowledge that alcohol/drugs lower sexual inhibitions

and may make you vulnerable to someone who sees an impaired person as a sexual opportunity.

• Do not take advantage of someone’s intoxication or altered state even if alcohol or drugs were consumed

willingly.

• If you choose to share intimate images, pictures, videos or content with others, even those you trust, be

clear about your expectations regarding how the information may be used, shared or disseminated. If

such information is shared with you, do not share it with others.

• Take care of friends and ask that they take care of you.

• As a sexual initiator, clearly communicate your intentions and give your sexual partner the opportunity to

clearly communicate the same.

• Do not make assumptions about consent, sexual availability, sexual attraction, how far an interaction can

go or about physical and/or mental ability to consent.

• Remember that consent should be affirmative and continuous. If there is any question or ambiguity, you

should proceed as if you do not have consent.

• Consider mixed messages from a partner to be an indication that sexual conduct should stop so that

better communication can occur.

• Recognize the potential for a sexual partner to feel intimidated or coerced by you as a result of a power

advantage, your gender, your demeanor or your physical presence. Do not use or abuse that power.

Bystander Intervention Strategies

Intervention by classmates, colleagues and others within proximity to the precursors or signs of possible sexual

assault, sexual exploitation, dating violence, domestic violence or stalking can significantly impact the course of an

interaction between a latent perpetrator and victim. Bystanders may also encourage friends, classmates and

colleagues who are already experiencing victimization to seek assistance sooner than they may have without

encouragement, support or acknowledgment. Community members are encouraged to recognize warning signs

and to consider possible methods of interference in various scenarios before opportunities to intervene arise. By

planning ahead, we all maximize the likelihood of being empowered to take safe actions to either prevent sexual

misconduct or offer paths to eliminate ongoing victimization.

When a member of the RUSM community observes threatening, coercive, forceful, aggressive or harassing

behavior, it is important to assess the situation to determine the best possible course of action for all concerned.

Some forms of intervention are direct, while others will be less apparent to the perpetrator or others within range

of the interaction. Examples include but are not limited to:

• Making up an excuse to get someone out of a dangerous situation.

• Stepping in to change the course of an interaction.

• Warning potential or perceived perpetrators that their actions may lead to severe consequences.

• Refusing to leave the company of a potential victim despite efforts by an aggressor or pursuer to get the

potential victim alone.

• Taking steps to reduce alcohol or drug consumption within a potentially dangerous social situation.

• Calling and cooperating with security, administration, the police or others to assist with intervention and

accountability.

• Expressing concern or offering resources when you notice someone with unexplained or frequent injuries.

• Refusing to consider sex and/or gender-based misconduct a personal or private matter between the

victim and the perpetrator.

PROCEDURES TO FOLLOW AFTER A SEXUAL MISCONDUCT INCIDENT

Victims of any sexual misconduct that might constitute a crime, including domestic violence, dating violence,

sexual assault, stalking and rape (including acquaintance rape) that impacts the RUSM community have the option

and are encouraged to contact local law enforcement authorities. The criminal process is separate from RUSM’s

process.

Whenever possible, victims should report a violation of this Policy as soon as possible and preserve evidence as

may be necessary to prove that domestic violence, dating violence, sexual assault or stalking occurred, or to obtain

a protection order. Victims of sexual assault or rape are strongly encouraged to report the incident as described in

this Policy to deter future assaults and to ensure that victims receive the services they need. Steps should be taken

to help deal with physical and emotional trauma associated with the violation. Recommended steps include:

1. Go to a safe place; go somewhere to get emotional support.

2. Consider reporting the incident to the police. Victims are not required to report an incident to law

enforcement authorities, but RUSM will assist the victim with contacting the police, if requested.

3. Report the misconduct to the manager of student affairs, senior manager of campus operations, one-

up manager, campus incident commander, local RUSM leadership, Sexual Misconduct Response

Coordinator or the CRC.

4. For your safety and well-being, immediate medical attention is encouraged. Time is a critical factor

for evidence collection and reservation that may assist in proving that the alleged criminal offense

occurred or may be helpful in obtaining an order of protection. Being examined as soon as possible,

ideally within 120 hours, is important especially in the case of rape and other forms of sexual assault.

To preserve evidence, it is recommended that, if at all possible, you do not bathe, shower, douche,

eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before that exam. Even if

you have already taken any of these actions, you are still encouraged to have prompt medical care.

Additionally, you are encouraged to gather bedding, linens or unlaundered clothing and any other

pertinent articles that may be used for evidence. Secure them in a clean paper bag or clean sheet.

Completing a forensic examination does not require someone to file a police report. To find a location

near you that performs free forensic examinations, call the National Sexual Assault Hotline at (800)

656-4673. Resources are also available through the Rape Abuse & Incest National Network (RAINN);

www.RAINN.org.

5. Even after the immediate crisis has passed, consider seeking professional counseling and the support

of local and specialized support agencies, such as sexual assault recovery centers and domestic

violence safe houses. This can help to recover from the psychological effects and provide a safe

environment for recovery.

COMMITMENT TO NON-DISCRIMINATION AND NON-HARASSMENT

RUSM is committed to providing an education conducive to the personal and professional development of each

individual and to maintaining an academic environment free of discrimination and harassment based on race,

color, religion, national origin, sex, age, ancestry, disability, veteran status, sexual orientation, pregnancy or

parental status, gender, or any other basis protected by federal, state or local law.

What is Discriminatory Harassment?

Harassment is a form of discrimination. Harassment is unwelcome, offensive behavior that is based on one of the

legally protected groups listed above and which is severe or pervasive enough to create an environment that a

reasonable person would consider hostile. Examples of words or conduct that may constitute harassment that

would violate this Policy are:

• Verbal abuse, slurs, derogatory comments or insults about, directed at, or made in the presence of an

individual or group based on protected status. This could include telephone calls, emails, instant

messages, Facebook, Twitter, Instagram, or any form of electronic or written messages, etc.

• Display or circulation of written materials or pictures that are degrading to a person or group based on

protected status.

• Damage to, trespass on or unauthorized use of property, such as spraying or scratching of a motor

vehicle, damage, or theft of property, based upon the protected status of an individual or group.

• Physical contact or verbal threats based upon the protected status of an individual or group.

WHOM TO CONTACT IF YOU THINK YOU HAVE BEEN DISCRIMINATED AGAINST OR HARASSED

The Student Service Manager, Dean of Campus Operations Program Dean/Director and/or Dean of Academic

Affairs are available to serve as a resource to any student or other member of the RUSM community who has a

discrimination or harassment inquiry or complaint. These resource persons have information about RUSM’s non-

discrimination policy, rules and procedures (including information about confidentiality) as well as options

available for the investigation and resolution of complaints. Individuals with a discrimination or harassment inquiry

or complaint may be more comfortable speaking with someone of the same gender, and the resource persons

listed can assist in finding help of the preferred gender.

Students who wish to file discrimination or harassment complaints against RUSM should follow the Student

Complaint/Grievance Procedure found in this handbook.

Students who wish to file discrimination or harassment complaints against a fellow student should follow the

Professional Conduct Procedure found in this handbook.

Complaints involving discrimination or harassment should be reported to Dwight Hamilton, Director, Office of

Equity and Access (equity@adtalem.com or 312.651.1458).

COMMITMENT TO NON-DISCRIMINATION AND NON-HARASSMENT

RUSM is committed to providing an education conducive to the personal and professional development of each

individual and to maintaining an academic environment free of discrimination and harassment based on race,

caste, surname, color, religion, national origin, sex (self-identified or perceived sex), gender, age (40 or older),

ancestry, mental or physical disability, veteran status, sexual orientation, pregnancy or parental status, (and any

other legally protected classes in the relevant jurisdiction). RUSM will not tolerate, condone, or allow

discrimination or harassment, whether engaged in by fellow students, faculty members or non-faculty colleagues.

WHAT IS DISCRIMINATION?

For purposes of this policy, discrimination occurs when a person is treated less favorably or is subject to an adverse

action or decision based on their membership in one of the legally protected groups listed above. Discriminatory

acts are not based on the person’s individual abilities or merit but rather on the collective group to which the

person belongs. The failure to provide reasonable accommodations required by law or RUSM policy based on

disability or religious practice may constitute discrimination. Discrimination may also encompass conduct that, on

its face, does not appear to be motivated by a person’s membership in a legally protected class, but nonetheless

results in a detrimental impact on a person who is a member of a legally protected class.

In determining whether discrimination has occurred, RUSM will examine allegations of discrimination in the

broader context under which they occur and will consider any and all relevant factors. Such factors may include

but are not limited to conduct that, on its own, does not rise to the level of a violation of a State or Federal statute

(or RUSM policy), but nonetheless contributes to the underlying discriminatory conduct and/or effect.

What is Discriminatory Harassment?

Examples of words or conduct that may violate this policy are:

• Verbal abuse, slurs, derogatory comments or insults, about, directed at or made in the presence of an

individual or group based on protected status. This could include telephone calls, emails, instant,

messages, Facebook, Twitter, Instagram, or any form of electronic or written messages etc.

• Display or circulation of written materials or pictures that are degrading to a person or group based on

protected status.

• Damage to trespass to, or unauthorized use or property, such as spraying or scratching a motor vehicle,

damage or theft of property, based upon the protected status of an individual or group.

• Physical contact or verbal threats based upon the protected status of an individual or group.

• Incidents of Sexual Harassment are addressed through the RUSM Sex and Gender-Based Misconduct

Response and Prevention Policy or the Title IX Policy (for incidents that occur in the United States).

Whom to Contact if You Think That You Have Been Discriminated Against or Harassed

The Associate Dean of Student Affairs and the Director of Equity and Access are available to serve as resources to

any student, non-faculty colleague or faculty member who has a sexual harassment inquiry or complaint. A

representative in the Human Resources office is another available

resource

These resource persons have

information about applicable laws, RUSM rules and procedures, options available for resolution of complaints,

and confidentiality requirements. Individuals with a sexual harassment inquiry or complaint may be more

comfortable speaking with someone of the same gender, and either the Associate Dean of Student Affairs or the

Human Resources representative can assist in finding a resource person of the preferred

gender.

The Office of Equity and Access (“OEA”) conducts investigations and renders findings on student allegations of

discrimination and non-sexual harassment complaints. Where the respondent in the Complaint is a faculty or staff

member, the OEA will conduct investigations and render findings in partnership with the Coaching Resource

Center.

The Office of Equity and Access utilizes a prompt, equitable and impartial process to evaluate student Complaints

of discrimination and harassment. The OEA will be free from conflicts of interest or bias for or against

Complainants or Respondents. The OEA’s Investigator(s) will objectively evaluate all relevant evidence and avoid

credibility determinations based on a person’s status as a Complainant, Respondent, or witness. Complainants and

Respondents will receive equal opportunity to provide information, witness statements, evidence and other

information that may be necessary to fully evaluate the alleged policy violation. Complainants and Respondents

will be afforded equitable rights and access during the grievance process. The grievance process, baring

extenuating circumstances, will conclude within 90 calendar days from the date a Formal Complaint is filed.

Standard of Evidence

The Investigator(s) will utilize the preponderance of evidence standard to determine if a violation of the

Commitment to Non-Discrimination and Non-Harassment Policy has occurred. The preponderance of evidence

standard means that based on all the information available, it is more likely than not that the alleged sexual

harassment or sexual misconduct occurred.

Written Determination

Once complete, the parties will be simultaneously informed in writing of the outcome. Notice to both parties will

include the written statement detailing the factual findings supporting the determination and the rationale for the

sanction/discipline (if any) to the degree possible and always when the sanction/discipline is directly relevant to

that individual. The notice will also include appeal procedures, if applicable, and when the results become final.

Dismissal of a Complaint

Dismissal of a Complaint may occur under several circumstances. The Office of Equity and Access shall dismiss a

Complaint if the Complainant’s allegations do not meet the definition of discrimination or harassment under the

RUSM Non-Discrimination and Non-Harassment Policy or did not occur in RUSM’s education Program or Activity.

The Office of Equity and Access may dismiss a Complaint if the Complainant informs the Investigator(s), in writing,

that they withdraw the Complaint or allegations therein; the Respondent is no longer enrolled or employed by

RUSM; or if specific circumstances prevent RUSM from gathering sufficient evidence to reach a determination. If a

Complaint is dismissed, the parties will be provided written notice of the dismissal outlining the reason(s) for

dismissal. A dismissal does not preclude action by RUSM under other relevant policies or codes of conduct.

Sanctions for Student Misconduct

If RUSM determines that a violation of the Commitment to Non-Discrimination and Non-Harassment policy has

occurred, appropriate disciplinary sanctions for substantiated violations of this Policy by students, up to and

including expulsion, will be imposed in accordance with the Code of Conduct applicable to students found in this

Handbook.

This Policy is a supplement to the community standards that the Code of Conduct applicable to students sets forth.

In addition, violations of this Policy may trigger application of sanctions to a student imposed under applicable law.

Sanctions for Colleague Misconduct

Disciplinary sanctions for a colleague’s violation of this Policy may include written reprimand, warning, probation,

suspension, housing suspension, housing expulsion, limiting order, change in job assignment, office relocation,

reduction of awards under the management incentive plan, or termination of employment or contract, and will be

imposed in accordance with applicable RUSM policies and procedures. RUSM reserves the right to impose further

and/or different sanctions appropriate to an individual situation. In addition, violations of this Policy may trigger

application of sanctions to a colleague imposed under local, state or federal law. Colleagues are also subject to

processes and discipline determined by the Human Resources Department. The HR process is separate and apart

from the Sexual Misconduct Response process and not constrained by the outcome of the Sexual Misconduct

Response process.

Appeal

Both parties have the right to appeal a determination regarding responsibility, RUSM’s dismissal of a Formal

Complaint or any allegations therein if: (1) procedural irregularity affected the outcome of the matter; (2) there is

newly discovered evidence that could affect the outcome of the matter; (3) a conflict of interest or bias, that

affected the outcome of the matter; and/or (4) the proposed Remedy was not reasonable based on the evidence

compiled during the investigation.

An appeal must be submitted in writing to the Director of Student Experience within ten days of the delivery of the

Written Determination. The Director of Student Experience or their designee shall hear the appeal. Appeal

determinations are final.

Title IX Compliance

RUSM’s Title IX coordinator is responsible for RUSM’s overall compliance with Title IX, including response to

reports of sexual misconduct affecting the campus community.

Questions regarding the application of Title IX

and RUSM’s compliance with it should be directed to the Title IX coordinators, whose contact information is

available below.

Students who wish to make a report of sexual misconduct affecting the campus community

should follow the grievance procedure published in this Student Handbook.

Kelsey Bowen

Title IX Coordinator

Adtalem Global Education

TitleIXCoordinator@adtalem.com

TITLE IX POLICY

Ross University School of Medicine (“RUSM”) is committed to providing a work and educational environment free

of unlawful harassment, discrimination and retaliation. In accordance with Title IX of the Education Amendments

of 1972, RUSM does not discriminate on the basis of sex in its education Program or Activity, which extends to

admission and employment. RUSM also prohibits Sexual Harassment (as defined below) committed against

persons in the United States as part of its educational Program or Activity.

If you believe that you have experienced or witnessed sexual misconduct or discrimination as part of RUSM's

educational Program or Activity outside the United States, please follow the procedures outlined in the RUSM Sex

and Gender-Based Sexual Misconduct Response and Prevention Policy.

RUSM reserves the right to make changes to this policy as necessary, and once those changes are posted online,

they are in effect. If government laws, regulations or court decisions change requirements in a way that affects this

policy, the policy will be construed to comply with the most recent government regulations or holdings.

TITLE IX COORDINATOR

The Title IX Coordinator coordinates RUSM’s efforts to comply with its Title IX responsibilities.

Title IX Coordinator: Kelsey Bowen

Manager of Student Support

Ross University School of Medicine

10315 USA Today Way, Miramar, FL 33025

754.208.4774 | TitleIXCoordin[email protected]

The Title IX Coordinator is responsible for implementing RUSM’s Title IX policy, intaking reports and Formal

Complaints of Sexual Harassment and providing supportive measures. The Title IX Coordinator is also responsible

for maintaining corresponding Clery Act crime statistics and reporting to the Director, Enterprise Safety and

Security.

Any person can report sex discrimination, including Sexual Harassment (whether or not the person reporting is the

alleged victim) in person, by mail, telephone, or e-mail, using the contact information listed above for the Title IX

Coordinator. A report can be made at any time, including during non-business hours. However, responses to

reports made outside of business hours, including during weekends and holidays, may be delayed.

Reports can be made by victims, third parties or bystanders with the option to remain anonymous through the

Speak Up program by phone at 1.800.461.9330 (in the U.S.) or 1.855.203.6928 (in Barbados), or online at

www.speakupadtalem.com.

KEY DEFINITIONS

“Affirmative consent” is the affirmative, knowing, conscious, voluntary and mutual agreement to engage in sexual

activity. Consent can only exist free from intimidation, force, threat of force or coercion. Under this Policy, “No”

always means “No” and “Yes” may not always mean “Yes.” Anything but voluntary, conscious, affirmative consent

to any sexual activity is equivalent to “no” for purposes of this Policy. It is the responsibility of each person

involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage

in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any

time. While the legal definition of consent is found in RUSM’s Annual Safety Report, the following general rules

apply when assessing whether consent has been/was given.

• Consent can never be assumed.

• The lack of protest or resistance does not constitute consent, nor does silence.

• Where there is use of threat, force or restraint by the Respondent, the lack of verbal or physical resistance

or the submission by the Complainant does not constitute consent.

• The manner of dress of the Complainant does not constitute consent.

• The existence of a dating relationship between the persons involved or the fact of past sexual relations

between them should never, by itself, be assumed to be an indicator of consent.

• Consent to sexual activity with one person does not constitute consent to sexual activity with another

person.

• A person who initially consents to sexual contact, including penetration, may withdraw continued consent

at any time during the course of that interaction. When consent is withdrawn or can no longer be given,

engagement in sexual activity must stop.

• Consent to some form of sexual activity cannot automatically be taken as consent to any other form of

sexual activity.

• A person cannot consent to sexual activity if that person is unable to understand the nature of the activity

or give knowing consent due to circumstances, including without limitation the following: the person is

incapacitated due to use or influence of alcohol or drugs; the person is asleep or unconscious; the person

is underage, or the person is incapacitated due to a mental disability.

• Consent is required regardless of whether the person initiating sexual activity is under the influence of

drugs and/or alcohol.

• A power differential between people engaged in a sexual act presumes the inability to consent for the less

powerful person (e.g., the student in a student-colleague interaction; the supervisee in a direct report-

supervisor interaction).

• It is not a valid excuse to alleged lack of affirmative consent that the Respondent believed the

Complainant consented to sexual activity if the:

o Respondent’s belief arose from the Respondent’s own intoxication or recklessness.

o Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively

consented.

o Respondent knew or a reasonable person should have known that the Complainant was unable

to consent because the Complainant was asleep, unconscious, incapacitated due to the influence

of drugs, alcohol or medication, or was unable to communicate due to a mental or physical

condition.

“Colleague” an employee of Ross University School of Medicine.

“Colleague Code of Conduct” refers to the “Adtalem Code of Conduct and Ethics”, which is applicable to

colleagues at all Adtalem Global Education institutions and offices and outlines colleagues’ rights and

responsibilities.

“Colleague complaint procedure” is the vehicle by which colleagues can bring to the administration’s attention

any complaint relating to their experience with RUSM or a member of the RUSM community. It is the mechanism

for investigating and trying to resolve complaints raised by colleagues and can be found in the Commons

(apps.adtalem.com > Commons- HR Portal > Policy Central).

“CRC” refers to the Coaching Resource Center, which is available to managers to assist in addressing colleague

relations concerns, including complaints about colleague or vendor conduct.

“Member of the RUSM community” includes students, faculty members or staff and any other individuals

associated with RUSM. The conduct administrator or complaint administrator shall determine a person’s status in

a particular situation.

“Notice” refers to any information regardless of whether it is direct, indirect, partial or complete received by a

colleague that indicates possible sex or gender-based misconduct. When notice is received, colleagues are

required to inform the Title IX Coordinator or their supervisor who, in turn, must make a report to the Title IX

Coordinator.

“One-up manager” is a colleague’s manager’s manager. It is the person responsible for receiving a colleague’s

complaint when his/her direct manager is implicated in that complaint.

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:

• An employee of RUSM conditioning educational benefits or participation on an individual’s participation

in unwelcome sexual conduct (i.e., quid pro quo).

• Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively

offensive that it effectively denies a person equal access to RUSM’s education Program or Activity; or

• Sexual Assault (as defined in the Clery Act), or Dating Violence, Domestic Violence or Stalking as defined in

the Violence Against Women Act (VAWA)*:

o Sexual Assault

: As defined in 20 U.S.C. 1092(f)(6)(A)(v), means an offense classified as a forcible

or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of

Investigation.

o Dating Violence: As defined in 34 U.S.C. 12291(a)(10), means violence committed by a person (A)

who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) where the existence of such a relationship shall be determined based on a consideration of

the following factors: the length of the relationship; the type of relationship; and the frequency

of interaction between the persons involved in the relationship.

o Domestic Violence: As defined in 34 U.S.C. 12291(a)(8), 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.

o Stalking: As defined in 34 U.S.C. 12291(a)(30), means engaging in a course of conduct directed at

a specific person that would cause a reasonable person to: (A) fear for his or her safety or the

safety of others; or (B) suffer substantial emotional distress.

*Please note: In accordance with the Violence Against Women Reauthorization Act of 2013 (“VAWA”),

state definitions for Sexual Assault, Dating Violence, Domestic Violence, Stalking and Consent are

contained in RUSM’s Annual Safety and Security Report (“ASR”). VAWA crimes are reported in the ASR

based on the definitions above.

Complainant: An individual who is alleged to be the victim of conduct that could constitute Sexual Harassment,

regardless of whether a Formal Complaint has been filed. A Complainant must be the alleged victim unless a

parent or legal guardian has a legal right to act on the alleged victim’s behalf.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Sexual

Harassment.

Formal Complaint: A document (hardcopy or electronic) filed by a Complainant or signed by the Title IX

Coordinator alleging Sexual Harassment against a Respondent and requesting that RUSM investigate. A Formal

Complaint must be signed (physical or digital) by the Complainant, the Title IX Coordinator, or otherwise indicate

that the Complainant is the person filing the Formal Complaint. At the time of filing a Formal Complaint, the

Complainant must be participating in or attempting to participate in RUSM’s education Program or Activity with

which the Formal Complaint is filed.

Program or Activity: On or off campus locations, events, or circumstances over which RUSM exercises substantial

control over both the Respondent and the context in which the Sexual Harassment occurred.

Mandatory Reporter: Designated College employees who must report all instances of Sexual Harassment to the

Title IX Coordinator.

Discretionary Reporter: Designated College employees who may, with the Complainant’s consent, report instances

of Sexual Harassment to the Title IX Coordinator.

Clery Geography: As defined in the Clery Act, includes (A) buildings and property that are part of RUSM’s campus;

(B) RUSM’s non-campus buildings and property; and (C) public property within or immediately adjacent to and

accessible from the campus. A map of RUSM’s Clery Geography is contained in RUSM’s ASR.

The FBI’s Uniform Crime Reporting Program (FBI UCR) includes forcible and nonforcible sex offenses such as rape, fondling,

and statutory rape, which contain elements of “without the consent of the victim.”

PROCEDURE FOR REPORTING SEXUAL HARASSMENT

If you believe that you have experienced or witnessed Sexual Harassment, RUSM encourages you to notify the Title

IX Coordinator as soon as possible after the incident. A report may be made to either or both the police and the

Title IX Coordinator. The criminal process is separate from RUSM’s Title IX grievance process. Complainants have

the option to notify law enforcement directly or be assisted in doing so. If requested, RUSM will assist a victim of

Sexual Violence in contacting the police. A Complainant is not required to contact the police to pursue RUSM’s

grievance process.

CONFIDENTIALITY

To make informed choices, it is important to be aware of confidentially and reporting requirements when

consulting College resources. Colleagues who are made aware of a possible violation of this policy are required to

contact their manager or one-up manager and also the Title IX Coordinator. All College Colleagues are designated

mandatory reporters will notify the Title IX Coordinator of any complaints received.

Confidential Resources:

Barbados:

Dr. Dahlia Gibson

Director of Counseling

Ross University School of Medicine

Two Mile Hill, St. Michael, Barbados BB11093

[email protected]

United States:

Dr. Maria Mejia

Manager, Clinical Student Support

Ross University School of Medicine

10315 USA Today Way, Miramar, FL 33025

[email protected]

The Adtalem Speak Up Program (“SpeakUp”) is a reporting system managed by a third-party vendor (Convercent®),

which encourages members of the RUSM community to come forward with questions or concerns, including

allegations of sex and/or gender-based misconduct. Reports can be made anonymously, or reporters can provide

their name and contact information. Colleagues are expected to ask legal, compliance and ethics questions and

report suspected wrongdoing. Colleagues and students can utilize the Speak Up program by contacting the third-

party contractor Convercent® by phone at 1.800.461.9330 (in the U.S.) or 1.855.203.6928 (in Barbados), or online

at www.speakupadtalem.com.

RUSM will keep confidential the identity of the Complainant, Respondent, and witnesses, except as may be

permitted by FERPA, as required by law, or as necessary to carry out the Title IX grievance process.

There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent

is no longer subject to RUSM’s jurisdiction and/or significant time has passed, the ability to investigate, respond,

and provide remedies may be more limited or impossible. Acting on notice/complaints significantly impacted by

the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title

IX Coordinator, who may document allegations for future reference, offer Supportive Measures and/or Remedies,

and/or engage in informal or formal action, as appropriate.

Prevention and Awareness

Acts that are deemed to fall within the scope of this Policy are violations of the Codes of Conduct as well as the

expectations of members of the RUSM community. These acts may also be crimes. To increase the likelihood of

intervention and reduce the risk of sex and/or gender-based misconduct from occurring among its students and

colleagues, RUAM is committed to providing primary and ongoing awareness and prevention programming.