Student Code of Ethics

1. The term “advisor” refers to any one person chosen by the Respondent or Filer to advise during any formal hearing, unless service in this capacity would reasonably conflict with the fair application of the process as determined by the Coordinator (or designee).
2. The term “club” or “organization” refers to any number of persons who have complied with the formal requirements for College recognition.
3. The term “College” refers to the entire unit of Palmer College of Chiropractic, including operations on the Main campus; the West campus; and the Florida campus.
4. The term “consent” (affirmative consent) refers to the standard in the determination by a preponderance of the evidence of whether consent was given by each party involved in any sexual activity. For the complete definition refer to the College’s Sexual Misconduct Handbooks which is online at: https://www. palmer.edu/about-us/office-of-compliance/sexual-misconduct-policy-and- procedure-handbook/.
5. The term “coordinator” and “deputies” refers to the employees designated and authorized by the College to be responsible for the administration of the Code and its processes. References to the Coordinator throughout this Handbook may also include individuals assigned specific tasks by the Coordinator.
6. The term “designated College Appeal official” refers to the College official authorized to make the final appeals decision.
7. The term “College official” refers to any person employed by the College performing assigned administrative or professional responsibilities.
8. The term “College premises” refers to all land, buildings, facilities and other property in the possession of, owned, used or controlled by the College, including adjacent streets, alleys, sidewalks and parking lots within the parameters.
9. The term “Employee” refers to individuals employed by the College who are administrators, staff and faculty with the exception of those faculty members who are governed by separate collective bargaining agreements or faculty handbooks.
10. The term “faculty member” is defined by the collective bargaining agreement or faculty handbook applicable to the individual faculty member employed on one of the College’s campuses.
11. The term “Filer” refers to any member of the College community who submits a charge alleging ethical misconduct.
12. The term “Hearing Panel” refers to persons authorized to decide if ethical misconduct has been established and, if appropriate, what sanctions shall be imposed.
13. The term “identification” refers to any means of proving a person’s identity.
14. The term “may” is used in the permissive sense.
15. The term “member of the College community” refers to any person who is a student, faculty member, College official, Security Officer, College employee or member of any other organization or club recognized officially by the College. A person’s status in a particular situation shall be determined by the Coordinator or his/her designee.
16. The term “more likely than not” means that the evidence, as a whole, shows that the fact sought to be established is more probable than not. This is the standard of proof used in deciding all disciplinary cases within the Student Code of Ethics.
17. The term “misconduct” refers to ethical misconduct listed in Article VI.
18. The term “policy” refers to the written regulations of the College as found in, but not limited to, the Student Handbook, College Catalog and other College publications and notices placed on official College bulletin boards including its newsletters, portal, digital monitors, Palmer app and website.
19. The term “presumption of innocence” means the Respondent is not responsible for the alleged misconduct until a determination of responsibility is made at the conclusion of the Formal Hearing Process.
20. The term “Respondent” refers to any student, College-recognized organization or club which has been charged with ethical misconduct.
21. The term “shall” is used in the imperative sense.
22. The term “student” refers to all persons taking courses at the College, either full- time or part-time, pursuing undergraduate, graduate or professional studies. Persons who withdraw after allegedly violating the Student Code of Ethics, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered “students” as are persons who are living in College- owned and/or operated residences, although not enrolled in the institution. Students who violate the Code can expect prompt and deliberate adjudication, whether or not they choose to be present or remain at the College. Furthermore, individuals who are not currently attending the College remain subject to decisions made within the disciplinary process upon re-enrollment for conduct that occurred during any period of attendance.
23. The term “witness” refers to someone who has personal knowledge of the incident at issue. Witnesses may have no other role in the hearing process, such as an advisor, and should be present only during their opportunity to provide information and answer questions.

A. The Coordinator who administers the Code and its processes shall determine who hears and decides charges of misconduct.

B. The Coordinator shall have the following duties, which are not all-inclusive:

1. Assist members of the College community with filing charges of misconduct.
2. Assist students charged with misconduct.
3. Determine whether a charge of misconduct may be disposed of informally on a basis acceptable to the College.
4. Determine whether conduct will be investigated.
5. Determine whether a charge of misconduct will be processed under the Code or if it will be submitted to the jurisdiction of another appropriate process recognized by the College.
6. Facilitate meeting(s) between the Filer and Respondent, if any.
7. Maintain the file of all original documents submitted under the Code involving the processing of charges of misconduct.
8. Challenge members of the Hearing Panel as to bias against or for the Respondent or Filer, and if there is bias, proceed to empanel an unbiased replacement.
9. Oversee the procedures set forth in Articles IX and X.
10. Halt the procedures set forth in Articles IX and X if the process is not being followed. This right of the Coordinator may be exercised without question. The Coordinator may call a meeting of College officials to resolve any problems or concerns and then may restart the process.
11. Provide final interpretations regarding the Code, subject to approval by College officials.
12. Amend the Code and develop policies, procedures and forms for the administration of the Code, subject to approval by College officials.

A. The Code shall apply to conduct that occurs on College premises or at College-sponsored or College-related activities or service functions on or off College premises or at non-College activities on or off College premises that adversely affects the College Community and/or the pursuit of its objectives and/or triggers the College’s responsibilities under College policies or law. This includes conduct that occurs online or via any other virtual medium.

B. Each student shall be responsible for his/her conduct from the time of application for admission through the awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a grade or degree is awarded).

C. The Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

D. The Code shall also apply to conduct occurring online such as harassment delivered by email or acts of bullying or discrimination posted in video form or on gossip sites.

E. Students must also be aware that information posted to blogs, webpages, social networking sites such as Twitter, Snapchat and Facebook, or other online postings are in the public sphere, and are not private. These postings can subject a student to a charge of misconduct if information posted online relates to, supports or constitutes misconduct. The College does not regularly monitor online activities but may take action if and when such information is discovered.

A. Internal Administrative Process

1. This Code does not mirror criminal or civil legal processes. This Handbook is administrative, not legal. Therefore, rules of law, evidence and criminal/ civil procedure do not apply and will not be utilized, with minor exceptions as specified in this Handbook.
2. While the activities covered by the laws of the larger community and those covered by College rules may overlap, it is important to note that the community’s laws and the College’s rules operate independently and that they do not substitute for each other.
3. Proceedings may be instituted against a student charged with misconduct that potentially violates both the criminal law and this Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation

B. When Proceedings May Occur

1. The College may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect and may use information from third party sources (such as law enforcement agencies and the courts) to determine whether College rules have been broken.
2. Proceedings under this Code may be carried out prior to, simultaneously with, or following a civil or criminal proceedings at the discretion of the Coordinator.

C. Cooperation with Law Enforcement

The Coordinator will cooperate with law enforcement in order that this Code does not interfere with the integrity or timing of a criminal investigation. At the request of law enforcement, the College may temporarily defer the fact-gathering portion of its investigation.

D. Legal Determinations

Neither law enforcement’s determination of whether or not to arrest or prosecute a student nor the outcome of any criminal prosecution are determinative of whether or not ethical misconduct has been proven under the Code. The College cannot and does not determine whether a crime has been committed beyond a reasonable doubt. That can only be done through the legal process.

Determinations made or sanctions/discipline imposed under this Code shall not be subject to change solely because criminal charges arising out of the same facts giving rise to a charge of ethical misconduct were dismissed, reduced or resolved in favor of or against a student.

E. Special Considerations

When a student is charged by federal, state or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under this Code, the College may advise legal authorities of the existence of the Code and of how such matters are typically handled within the College community.

Article V: Reporting Violations of Local, State or Federal Law

Students are expected to abide by local, state and federal laws. Any student who has been convicted of; pled guilty to; did not contest; forfeited bail; or was granted a deferred judgment to any criminal conduct under law or ordinance shall notify the College.

Such notification shall be made in writing to the Office of Compliance online at https://www.palmer.edu/about-us/office-of-compliance/report-student-misconduct/ or to any of the following individuals within five calendar days of the aforementioned events:

Palmer Main Campus
Michael Tunning, D.C., M.S., Dean of Programs
1000 Brady Street, Davenport, IA 52803
563-884-5865
michael.tunning@palmer.edu

Palmer Florida
Jason Brewer, Dean of Students
4777 City Center Parkway, Port Orange, FL 32129
386-763-2783
jason.brewer@palmer.edu

Palmer West
Michael Crump, M.Ed., Director of Student Services
90 E. Tasman Drive, San Jose, CA 95134
408-944-6122
michael.crump@palmer.edu

This notification requirement excludes only minor traffic violations. Failure to promptly report may result in disciplinary action up to and including dismissal.

The institution may refer any student found in violation of local, state or federal law for prosecution. Any student referred for prosecution may be subject to legal action in addition to disciplinary action initiated by the institution. Such legal action may include criminal charges that can limit an individual’s ability to obtain a license to practice chiropractic in certain states.

Article VI: Misconduct – Rules and Regulations

Any student found responsible for committing, or attempting to commit, misconduct is subject to discipline up to and including dismissal. The headings (such as A. Alcohol and Drugs) appearing in Article VI are for convenience only and are not a part of the Code and do not in any way limit or amplify the term “misconduct.” Misconduct may include any of the following, in whole or in part, which is not intended to be an exhaustive list:

Part I. General

A. Alcohol and Drugs

1. Use, possession, manufacturing or distribution of drugs or abuse including, but not limited to, solvents; hallucinogens; narcotics; depressants; stimulants; or other controlled substances except as expressly permitted by law.
2. Use, possession, manufacturing or distribution of alcoholic beverages, except as expressly permitted by law and College regulations, or public intoxication.
3. Providing alcoholic beverages, in any circumstance, to be used by, possessed by or distributed to any person under 21 years of age.
4. Driving while under the influence of alcohol or any illegal substances.
5. Any other violation of the College’s Drug and Alcohol Use Policy.
6. Reporting to class under the influence or discovered to be under the influence of alcohol, controlled substances, or other drugs of abuse during the work/ school day.
7. Reporting to class under the influence of prescription and/or non-prescription medications which may threaten or endanger the health, safety and/or well-being of any member of the College community.

B. Collegiality

1. Failing to treat individuals with the courtesy and respect that students, staff, faculty or any other individual associated with or conducting business with the College should reasonably expect.
2. Failing to regard and refer to all peers and College employees with honor, giving credit where it is due.

C. Compliance

1. Failing to comply or to comply in a timely manner with the directives of the College, College officials, College security or law enforcement officers acting in performance of their duties.
2. Failure to identify oneself when requested to do so by a College official or purposely restricting visibility to College issued identification badges.
3. Failing to respond and/or communicate in a timely manner with the College, College officials, College security or law enforcement officers acting in performance of their duties.

D. Dishonesty

Acts of dishonesty include, but are not limited to, the following:

1. Cheating, which includes, but is not limited to:
   1. Knowingly assisting another student in committing an act of cheating; or other forms of academic dishonesty.
   2. Use or possession of any unauthorized assistance or sources in taking quizzes, tests or examinations.
   3. Unauthorized collaboration on homework, projects or other assignments.
   4. Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments.
   5. The acquisition, without permission, of tests or other academic material belonging to the College, a member of the College, faculty and/or staff or any other person or group affiliated with the College.
   6. Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
2. Plagiarism, which includes, but is not limited to:
   1. Submitting examinations, themes, reports, drawings, laboratory notes, undocumented quotations, computer-processed materials or other materials as one’s own work when such work has been prepared by another person.
   2. The use—by paraphrase or direct quotation—of the published or unpublished work of another person without full and clear acknowledgement. The failure to acknowledge the use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
3. Unauthorized Use
   1. Unauthorized use, possession, distribution, buying or selling of examinations, library materials, laboratory materials or other course-related materials.
   2. Unauthorized use, possession, distribution, buying or selling of any previous assessment material not authorized for student use by an instructor.
   3. Unauthorized use or possession of materials, lab materials, electronic devices or other aids during quizzes, examinations or other testing or evaluation venues.
   4. Unauthorized use of Artificial Intelligence (AI) (e.g., ChatGPT, GetGenie, Writesonic, Byword, Jasper) or other aids in completing examinations, themes, papers, reports and/or other assignments.
   5. Unauthorized use, removal, download, creation, sale, transfer, access, reproduction, recording or distribution of copyrighted material or patented inventions, including, but not limited to, audio materials, video materials, research materials, lab materials; or of any course or training materials, whether copyrighted or not, such as an instructor’s notes, PowerPoint presentations, handouts, tests, outlines or any other materials.
   6. Unauthorized use, removal, download, storing, creation, sale, transfer, access, reproduction, distribution, displaying, capturing and/or recording of the likeness of instructors, students or any other person (including deeded bodies), on video, audio, photographic, digital, electronic or any other technology or media formats. Likeness includes, but is not limited to, photograph, picture, portrait, image, or voice.
4. Misuse
   1. Unauthorized changing of answers on a graded quiz, examination, and/or assignment.
   2. Unauthorized changing of grades on an examination, in an instructor’s grade book or on a grade report, or unauthorized access to academic computer records.
   3. Forgery and/or alteration of any College or other document, record instrument of identification, or College resource.
   4. Misuse or unauthorized use of any College or other document, record instrument of identification, or College resource.
   5. Unauthorized possession of any College or other document, record instrument of identification, or College resource.
   6. Tampering with the election of any College-recognized/registered student organization.
5. False Information/Nondisclosure/Misrepresentation
   1. Furnishing false information, nondisclosure or misrepresentation to the College or any member of the College community.
   2. Furnishing false information, nondisclosure or misrepresentation to any individual associated with or conducting business with the College in a manner that adversely affects the College and/or the members of the College community and/or in the pursuit of their objective.
   3. Signing in for another student, or permitting another student to sign in for them, on a class attendance sheet for a class in which the student was not in attendance.
   4. Substituting for another person or permitting another person to substitute for oneself in taking an examination or any other academic evaluation or College process.
   5. The use of individuals or artificial intelligence writing generators (e.g., ChatGPT, GetGenie, Writesonic, Byword, Jasper) or other tools to create content for assigned academic work or training on behalf of, instead of, or substituting for the student to which the academic work or training was assigned.
6. Engaging in any action that gives a false or misleading account of training participation, training engagement or training completion such as short-timing through slides, taking multiple courses using multiple devices, opening multiple tabs or generating a completion certificate or accepting a certificate of completion for work not actually or fully completed, or any other such conduct.
7. Use, misuse of or any action or conduct that interferes with or cause a change in the normal or fundamental way an electronic system is designed or intended to operate.
8. Failure to report violations of local, state or federal law to the College under Article V.
9. Other acts of dishonesty not specified above.

E. Facilitation

Assisting, encouraging or facilitating another person to commit a violation of the Code or any Institutional policy, rule or regulation.

F. Disruption/Obstruction

1. Disruption or obstruction of teaching, learning, research, administration, disciplinary proceedings and/or any other College operations, proceedings and activities, including its public service functions or other authorized non-College activities.
2. Inciting others to disrupt or obstruct teaching, learning, research, administration, disciplinary proceedings and/or any other College operations, proceedings and activities, including its public service functions or other authorized non-College activities.
3. Participating in a demonstration, riot or activity that disrupts the normal operation of the College and/or infringes on the rights of others, or leading or inciting others to disrupt scheduled and/or normal activities including, but not limited to, obstruction that interferes with freedom of movement, either pedestrian or vehicular.
4. Engaging in lines of communication that are disruptive to the College’s customary policies, procedures and/or daily operations.
5. Conduct that is disorderly, lewd or indecent.
6. Breach of peace; or assisting, encouraging or facilitating another person to breach the peace.
7. Engaging in individual or group conduct that is abusive, indecent, and/or unreasonably loud.
8. Disorderly conduct that infringes upon the privacy, rights or privileges of others.
9. Conduct that disturbs the peace, orderly process, education or employment of any member of the College community or any other person.

G. Gambling

Engaging in or offering games of chance for money or other gain in violation of federal, state or local laws.

H. Harassment

1. Harassment consists of any verbal, visual, written, graphic, electronic or physical conduct that:
   1. Is sufficiently severe, persistent or pervasive that it adversely affects, or has the purpose or logical consequence of interfering with an individual’s education; or
   2. Creates an intimidating, hostile or offensive environment.
2. Bias-Related Harassment includes harassment of a person or group because of factors such as race, ethnicity, religion, gender, sexual orientation, age, creed, national origin, disability, political affiliation or veteran status.

I. Bullying

Bullying is unwanted offensive and malicious behavior which undermines an individual or group through persistently negative verbal or psychological abuse. There is typically an element of vindictiveness and the behavior is calculated to threaten, undermine, patronize, humiliate, intimidate or demean the recipient.

Bullying is not about occasional differences of opinion, conflicts and problems in relationships as these may be part of life. Bullying can adversely affect dignity, health, and productivity. Examples of bullying include, but are not limited to:

1. Cyberbullying is the use of electronic devices to convey a message in any format (i.e. text, image, audio, video) that defames, intimidates, harasses, frightens, stalks or is otherwise intended to harm, offend or humiliate another individual or group of individuals in a deliberate, repeated, hostile or unwanted manner under the perpetrator’s true or a false identity.
2. Physical bullying is pushing, shoving, kicking, poking, and/or tripping; assault or threat of physical assault; damage to a person’s work/school area or property; damage to or destruction of a person’s work/school product or personal property.
3. Verbal bullying is repeated slandering, ridiculing, or maligning of a person or persons, addressing abusive and offensive remarks to a person or persons in a sustained or repeated manner; or shouting at others in public and/or in private where such conduct is so severe or pervasive as to cause or create a hostile or offensive educational or working environment or unreasonably interfere with the person’s work or school performance or participation.
4. Nonverbal bullying can consist of directing threatening gestures toward a person or persons or invading personal space after being asked to move or step away.
5. Anonymous bullying can consist of withholding or disguising identity while treating a person in a malicious manner, sending insulting or threatening anonymous messages, placing objectionable objects among a person’s belongings, or leaving degrading written or pictorial material about a person where others can see. 
6. Threatening behavior toward a person’s job or well-being can be bullying and can consist of making threats, either explicit or implicit to the security of a person’s job, position or personal well-being. It is not bullying behavior for a supervisor to note an employee’s poor job performance and potential consequences within the framework of College policies and procedures, or for an instructor or academic program director to advise a student of unsatisfactory academic work and the potential for course failure or dismissal from the program if uncorrected. 

 J. Sexual Misconduct/Harassment 

1. Sexual misconduct or threats of sexual misconduct including, but not limited to, the following: 

1. 1. Sexual intercourse or sexual touching, however slight, by one person upon another without effective consent or when it involves compelling a person to submit to such conduct by force, threat of force, use of intoxicants to impair a victim’s ability to give consent, or otherwise taking advantage of any impairment which might render a person incapable of making a reasonable or rational decision about sexual activity. 
   2. Obscene or indecent behavior, which includes, but is not limited to, exposure of one’s sexual organs or the display of sexual behavior that would reasonably be offensive to others. 
2. Conduct of a sexual nature that creates an intimidating, hostile or offensive environment for another person. This includes unwanted, unwelcome, inappropriate or irrelevant sexual or gender-based behaviors, actions or comments. 
3. Any other violation of the College’s Sexual Misconduct Policies. 

 K. Stalking 

1. Stalking refers to engaging in conduct directed at an individual that would cause any reasonable person to fear for his/her safety or that of others, or that inflicts emotional distress. 
2. Cyber-stalking refers to stalking that occurs through information and communication technologies. 
3. Stalking, in violation of federal, state or local laws or the College’s policies. 

L. Health and Safety 

1. Physical abuse, verbal abuse, threats, intimidation, harassment, and/or coercion. 
2. Any conduct that threatens or endangers the health; safety; education; or employment of any member of the College community, clinic patients or any other person. 
3. Engaging in individual or group conduct that is violent, including, but not limited to, behavior as defined in the Campus Violence Policy. 
4. Hazing, in violation of federal, state or local laws or the College’s policies, rules or regulations. 
5. Reporting the presence of a fire, bomb, explosive or incendiary device without good reason to believe the facts reported are true. 
6. Misusing or damaging fire or other safety equipment. 
7. Failure to adhere to Florida Statute 553.865, “Safety in Private Spaces Act” including willfully entering for an unauthorized purpose, a restroom or changing facility designated for the opposite sex and/or refusing to depart when asked to do so by a College Official (including but not limited to administrative personnel, faculty member, security personnel, or law enforcement personnel). Refer to the Florida Campus Safety in Private Spaces Policy located in the Student Policy Library.

M. Identification

1. Permitting the use of any Palmer identification by anyone other than the authorized user.
2. Inappropriate or unauthorized use of another person’s Palmer identification.
3. Permitting another person to use his/her other non-Palmer identification.
4. Inappropriate use of another person’s identification.
5. Impersonation or misrepresenting the authority to act on behalf of another person or the College.
6. Forgery, alteration, or misuse of identification, documents, records, keys or access codes.
7. Manufacture, distribution, delivery, sale, purchase, possession or use of false identification.
8. Failure to identify oneself to College officials, College security or law enforcement officers acting in performance of their duties when requested to do so.
9. Purposely restricting visibility to College issued identification badges.

N. Invasion of Privacy

1. Unauthorized observation of a person in a location in which that person has a reasonable expectation of privacy, including, but not limited to: restrooms, locker rooms, showers and College-owned student housing.
2. Making, storing, sharing or distributing unauthorized video or photographic images or other likeness of a person in a location in which that person has a reasonable expectation of privacy, including, but not limited to: restrooms, locker rooms, showers and College-owned student housing. This includes the set-up or attempt to do any of the aforementioned.
3. Unauthorized installation, placement, set-up or use of audio, video, photographic or any other devices to capture, record, reproduce, display, distribute, observe, modify or store an individual’s photograph, picture, portrait, image, voice or other likeness or engaging in any of the aforementioned in a location which that person has a reasonable expectation of privacy, including, but not limited to: restrooms, locker rooms, showers and College-owned student housing.

O. Misuse of College Resources or Property, Theft or Other Misuse of Computer Facilities and/or College Resources, including, but not limited to:

1. Failure to make payment for any debts owed to the College.
2. Unauthorized entry into a file to use, read or change the contents, or for any other purpose.
3. Unauthorized transfer of a file.
4. Use of another individual’s identification and/or password.
5. Use of computing facilities and/or resources to interfere with the work of another student, employee or College official.
6. Use of computing facilities and/or resources to send obscene or abusive messages.
7. Use of computing facilities and/or resources to interfere with normal operations of the College computing system.
8. Use of computing facilities and resources in violation of copyright laws to include unauthorized downloading or peer-to-peer file sharing of copyrighted files.
9. Any violation of the College’s computer or any other electronic communication use policy.
10. Attempted or actual theft of College property.
11. Damage to College property.
12. Possession, sale or purchase of College property or services that are known or reasonably, under the circumstances, should have been known to have been stolen.
13. Unauthorized use of the College telephone system, email, fax machines, computers, or other College equipment or resources.
14. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.
15. Misuse or unauthorized use of Palmer College of Chiropractic’s name, crest, logo, seal, brand, trademark and/or other insignias.
16. Failure to obtain authorized permission for the use of Palmer College of Chiropractic’s name, crest, logo, seal, brand, trademark and/or other insignias.
17. Any other misuse or unauthorized use of College property or resources. 

P. Theft, Damage or Other Misuse of Property of Members of the College Community

1. Attempted or actual theft of property of a member of the College community or other personal or public property.
2. Damage to property of a member of the College community or other personal or public property.
3. Possession, sale, or purchase of property or services that are known or reasonably, under the circumstances, should have been known to have been stolen.

Q. Misuse of College Process

1. Misuse of this disciplinary process, including, but not limited to:
   1. Failure to obey a notice from the Coordinator, a Hearing Panel, College official or office.
   2. Furnishing false information, nondisclosure, distortion or misrepresentation of information to the Coordinator, a Hearing Panel, College official or office.
   3. Disruption or interference with this disciplinary process.
   4. Institution of a charge of misconduct, hearing and/or an appeal knowingly, without cause.
   5. Attempting to discourage an individual’s proper participation in, or use of, this process.
   6. Providing false statements and/or false information during the disciplinary process.
   7. Knowingly withholding information or nondisclosure of information.
   8. Attempting to influence the impartiality of a member of the Hearing Panel, designated College Appeals official or other College official prior to and/or during, and/or after the course of the hearing and/or appeal proceeding.
   9. Harassment (verbal, physical or visual); intimidation; retaliation and/or reprisal before, during and/or after the proceedings of any individual who:
      1. Has reported misconduct or initiated a charge(s) of misconduct
      2. Filed a charge(s) of misconduct
      3. Is the Respondent to a charge(s) of misconduct
      4. Served as a witness
      5. Served as a Hearing Panel member
      6. Served as an Appeals Official
      7. Served as an investigator
      8. Participated in any other way in the procedures available
   10. Failure to comply with any sanction(s) imposed under the Code.
   11. Assisting, encouraging or facilitating another person to commit misuse of this disciplinary process.
2. Misuse of any other College complaint process.
3. Initiating frivolous or vexatious complaints that are retaliatory; intended to harass, annoy, or damage; pursued regardless of merits or refusal to accept the College’s decision; or that are disruptive to the College’s customary policies, procedures and/or daily operations.

R. Other Rules and/or Regulations

1. Violations of published College policies, processes, guidelines, regulations or any other rules.
2. Violation of federal, state or local law.

S. Promotion of Non-College Business Interests

1. Acting on behalf of faculty, staff, students and/or third party entrepreneurs who wish to promote their personal non-College business interests to other students, faculty and staff on or off campus without the prior written approval of the appropriate College Official. Such actions include but are not limited to:
   1. Meetings
   2. Seminars
   3. Symposiums
   4. Workshops
   5. Conferences
   6. Distributing promotional materials
2. Acting as defined in section S1, based upon either a promise or receipt of compensation, rewards and/or other incentives.

T. Traffic

Failure to comply with College traffic and parking rules and regulations.

U. Weapons

1. Illegal or unauthorized use, possession or storage of firearms, weapons, explosives, fireworks or dangerous chemicals, even if legally possessed, on College premises or at College-sponsored or College-related activities or service functions on or off College premises or at non-College activities on or off College premises that adversely affects the College community and/or the pursuit of its objectives.
2. Illegal or unauthorized use, possession or storage of firearms, weapons, explosives, fireworks or dangerous chemicals, even if legally possessed, on College premises or at College-sponsored or College-related activities or service functions on or off College premises or at non-College activities on or off College premises that adversely affects the College community and/or the pursuit of its objectives in a manner that harms, threatens or causes fear to others.
3. Failure to comply with the College’s Weapons Policy.

Part II. Clinical

A. Clinical Collegiality

1. Failing to regard and refer to all peers, health professionals and College employees with honor, giving credit where it is due.
2. Failing to treat patients with respect; earn and maintain the trust of patients, patient families, faculty, staff, College officials and the general public.
3. Failing to comply with the directives of clinic College officials acting in performance of their duties.

B. Clinical Dishonesty

1. Furnishing false information, nondisclosure or misrepresentation to the College, or any member of the College community or clinic patient.
2. Forgery, alteration or misuse of any College document record, clinic record, protected health information or instrument of identification.
3. Unauthorized possession or access to any College document record, clinic record, protected health information or instrument of identification.

C. Clinical Misrepresentation

1. Misrepresenting or allowing oneself to be presented or represented as a Doctor of Chiropractic or anything other than as a student chiropractic intern to patients or the public.
2. Practicing chiropractic without a license under applicable state law outside of the legal scope provided for chiropractic students.
3. Performing chiropractic adjustments on another person without consent.
4. Performing chiropractic adjustments on another person without supervision and/or authorization from assigned College clinicians, instructors and/or other licensed Doctors of Chiropractic specifically designated by the College.
5. Soliciting another individual for an adjustment and/or any other chiropractic or healthcare or providing such care outside of an approved clinical or classroom setting or without proper supervision or license.

D. Invasion of Privacy in the Clinics

1. Unauthorized observation of a person in a location in which that person has a reasonable expectation of privacy while receiving patient care.
2. Making, storing, sharing or distributing unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy while receiving patient care. This includes the set-up or attempt to do any of the aforementioned.
3. Unauthorized observation and/or making, storing, sharing or distributing unauthorized video or photographic images of patient records.

E. Other Clinic Rules and/or Regulations

Violations of published or taught clinic policies, procedures, rules or regulations.

F. Patient Care

1. Withdrawing from the care of a patient without prior approval from the clinic doctor of record, or neglecting or abandoning the care of a patient to which the intern is assigned. All recommendations of referral, care and/or transfer of a patient for any reason are privileges reserved only to the attending clinic faculty doctor.
2. Subordinating the health and welfare of the patient and the quality of patient care to the student’s expectation of academic, personal or other remuneration or lack thereof.
3. Inducing or attempting to induce patients or members of a patient’s family to submit to chiropractic care in exchange for compensation or anything else of value.
4. Transporting patients to or from College premises for the purpose of patient evaluation or care.
5. Advertising chiropractic services other than specifically defined and allowed by state, the College and clinic regulations.
6. Engaging solicitors or agents for the purpose of soliciting patients or becoming involved in such endeavors.
7. Failing to suspend, terminate or limit the scope of involvement with patients when a student’s personal circumstances, problems or conflicts interfere, or have the potential to interfere with patient care.

G. Patient Records

1. Violating the confidentiality of protected health information obtained and/ or recorded in the course of patient-related care unless otherwise released in writing by the patient.
2. Unauthorized storage of ePHI (Electronic Protected Health Information) on portable devices to include: laptops, home-based personal computers, PDAs and Smart Phones, library or other public workstations and Wireless Access Points (WAPs), USB flash drives and memory cards, CDs, DVDs, backup media, email, smart cards, and remote access devices.
3. Failing to adequately disguise or redact patient identity from protected health information used in writing, reports, classroom lectures or in other public forums.
4. Unauthorized removal of patient records, radiographs, images or any other protected health information from clinic facilities.
5. Failing to accurately note in patient records all data derived directly from the patient, all clinical assessments of the patient, all changes in the patient’s
6. condition, all recommendations to the patient and all care delivered to and/or performed on the patient.

H. Alcohol and Drugs

1. Reporting to clinics under the influence or discovered to be under the influence of alcohol, controlled substances, or other drugs of abuse during the work/school day.
2. Reporting to clinics under the influence of prescription and/or non-prescription medications which may inhibit the ability to perform clinic duties, or which may threaten or endanger the health, safety and/or well being of any member of the College community, clinic patients or any other person.

A. Responsibility to Report

All members of the College community share in the responsibility for promoting and supporting the Code. In addition, members of the College community are to immediately report any behavior or conduct that may be interpreted as a violation of this Code to any of the following coordinators:

Palmer Main Campus
Lori Larsen, B.A., Compliance Specialist
Also Serving as Student Code of Ethics Coordinator Office of Compliance
1000 Brady Street, Davenport, IA 52803
563-884-5246
lori.larsen@palmer.edu

Palmer Florida 
Jason Brewer, M.S., Dean of Student Services
Also Serving as Coordinator Designee
Office of Student Services
4777 City Center Parkway, Port Orange, FL 32129
386-763-2781
jason.brewer@palmer.edu

Palmer West
Michael Crump, M.Ed., Director of Student Services
Also Serving as Coordinator Designee
Office of Student Services
90 E. Tasman Drive, San Jose, CA 95134
408-944-6122
michael.crump@palmer.edu

B. Members of the College Community

1. Any member of the College community may initiate/file charges of misconduct with the Coordinator against any student for misconduct.
2. Similarly, such charges may be filed with the Coordinator against any student organization or club, its student officers and student members who may be found collectively and/or individually responsible for misconduct when such misconduct is either authorized, encouraged, directed, tolerated, supported by, and/or committed in association with the organization or club.
3. Except as provided in Article II, Section B, number 5, any allegation of misconduct is subject to the procedures outlined in Article IX and/or X.

C. The College

In its sole discretion, the College may initiate a charge of misconduct, join with a member of the College community who has filed a charge or follow up and take through the process any charge initially brought by another.

D. Retaliation

Any person involved in a charge of misconduct has the right to be free from retaliation of any kind. The College strictly prohibits retaliation or reprisal against an individual who:

1. Has reported/initiated a charge(s) of misconduct
2. Filed a charge(s) of misconduct
3. Is the Respondent to a charge(s) of misconduct
4. Served as a witness
5. Served as a Hearing Panel member
6. Served as a designated College Appeal Official
7. Served as an investigator
8. Participated in any other way in the procedures available

E. Timing

Any charges of misconduct should be submitted as soon as possible after the event takes place, preferably within 30 academic days.

F. Preparing Charges of Misconduct

Charges of misconduct shall be prepared in writing and directed to the Coordinator, who is responsible for the administration of these disciplinary procedures.

G. Charge of Misconduct Form

A charge of misconduct form may be obtained from the Palmer College website or from the Coordinator as follows:

• Main Campus, Office of Compliance
• Palmer West, Office of Student Services
• Palmer Florida, Office of Student Services

H. Notification

When the Coordinator receives a charge(s) of misconduct alleging that a student may have violated the Student Code of Ethics, the Respondent shall be notified by the Coordinator of the charge(s). Students are responsible for frequently checking Palmer email accounts and voice mails and to promptly return emails, voice mails and any requests for responses from the Office of Compliance.

I. Presumption of Innocence

All Respondents are presumed innocent until a Hearing Panel finds misconduct was proven subject to a timely appeal.

J. Charge(s) of Misconduct in Process or Pending

If a student withdraws from the College while a charge(s) is in process or impending, the College’s resolution process must be completed and, if applicable, the Respondent must comply with any sanctions imposed prior to being reinstated as a student.

A. With or without filing a charge of misconduct a College official may suspend a student. Such suspension may be imposed:

1. To ensure the safety and/or well-being of members of the College community or preservation of College property
2. To ensure the student’s own physical or emotional safety and/or well-being
3. If the student poses a definite threat of disruption of or interference with the normal operations of the College
4. Or should it be in the best interest of the College, the College community or the student to do so

B. During the interim suspension a student may be denied access to any or all of the following for which the student might otherwise be eligible—as the College official may determine to be appropriate:

1. College premises (including classes, clinics and/or College-owned housing)
2. College activities and/or privileges (including preceptorships or other College activities or programs on or off College premises) 
3. During the interim suspension, a College official may direct the student not to contact in any manner with members of the College community other than certain individuals as specified

A. After the Coordinator provides the charge of misconduct to the Respondent, the Coordinator may then meet individually with the Filer and the Respondent to determine if the charge can be disposed of informally on a basis acceptable to the College.

B. Alternatively, the Coordinator (in consultation with the other appropriate College Officials including the College’s legal counsel), may dispose of the matter informally or refer it for hearing before the Hearing Panel.

C. Any informal resolution will be documented and maintained by the Office of Compliance.

D. Failure to comply with the resolution agreement may constitute separate grounds for a subsequent charge of misconduct under Article VI, Part I, Section Q, item1 which reads: Failure to comply with any sanctions imposed under the Code.

E. Use of the informal hearing procedure is not a prerequisite to initiating formal action.

F. If the charges cannot be disposed of informally, the charges shall be formally presented to the Hearing Panel.

A. Request for a Formal Hearing

1. The Filer and/or the Respondent may request that the Coordinator schedule a formal hearing before the Hearing Panel.
2. The College may also request that the Coordinator schedule a hearing before the Hearing Panel.

B. Scheduling a Hearing

A time shall be set for a formal hearing, as soon as reasonably possible. Maximum time limits for scheduling of hearings may be set or extended at the discretion of the Coordinator. If the Respondent chooses not to attend the hearing, the hearing will proceed. No Respondent may be found to have engaged in misconduct solely because a charge was filed or because of failure to appear before the Hearing Panel.

C. Appointment of Hearing Panel

The Coordinator who administers the Code and its processes shall determine who hears and decides charges of misconduct.

D. Hearing Guidelines

1. Hearings shall be conducted by the Hearing Panel according to the following guidelines:
2. Hearings normally shall be conducted in private.
3. Admission of any person to the hearing, with the exception of the Filer and the Respondent, shall be at the discretion of the Coordinator and witnesses may be excluded other than to testify.
4. In hearings involving more than one Respondent or Filer, the Coordinator in his/her sole discretion may permit the hearings concerning each to be conducted separately.
5. The Filer will have an opportunity to present any facts and/or evidence underlying the charges of misconduct alleged against the Respondent.
6. The Respondent will have an opportunity to present any facts and/or evidence in defense of the charges of misconduct alleged against the Respondent.
7. The Filer, the Respondent and the Hearing Panel will be given the opportunity to question any and all witnesses who present evidence. This opportunity to question is subject to the Coordinator’s authority to decide whether the Filer or the Respondent may question one another directly or whether either of them may question witnesses directly, or if questions must be submitted to the Hearing Panel to decide which of the questions to ask, and who will ask those questions.
8. The Filer, Respondent, Hearing Panel members or any witness may participate in a hearing remotely by video conferencing (provided they remain on camera), or other appropriate means, provided the identity of the person participating remotely is known to all parties, and all other guidelines and procedures described in this Student Disciplinary Code are followed.
9. Pertinent records, exhibits and affidavits may be accepted as evidence for consideration by the Hearing Panel at the discretion of the Coordinator.
10. All procedural questions are subject to the final decision of the Coordinator.
11. The Coordinator may reopen any hearing if charges of misconduct are amended or if the Hearing Panel requests additional evidence, which may include affidavits, exhibits and/or additional testimony.
12. There shall be a single, verbatim record, such as an audio recording, of all hearings before the Hearing Panel. The record shall be the property of the College. The Respondent will be given access for a personal opportunity to listen to the audio recording in the presence of the Coordinator or his/her designee. No one other than the Coordinator will be allowed to record the proceeding.
13. Criminal or civil court process, procedure and rules of evidence do not apply under this Student Disciplinary Code.
14. Charges of misconduct are presumed to have been made in good faith.

E. Advisors in the Hearing

1. During the hearing the Filer and the Respondent have the right to be assisted by an Advisor of their choosing, at their own expense. The Advisor may be an attorney.
2. Witnesses are not entitled to an Advisor.
3. If the Filer and/or Respondent retains an attorney, the Filer and/or Respondent shall notify the Coordinator at least three academic days in advance of the hearing such that the non-represented party and the Panel may have the opportunity to obtain their own attorney. The Filer and/or Respondent will be required to complete a FERPA College release form prior to the Advisor participating in the hearing.
4. Should either the Filer or Respondent decide to have an Advisor the Advisor should be selected as early as possible. In selecting an Advisor, the Filer and Respondent should make sure the Advisor has the availability and time to avoid unreasonable scheduling delays. Accordingly, the Advisor must adjust their schedules to comply with reasonably prompt time frames.
5. Upon selection of an Advisor by the Filer or Respondent, the Advisor is encouraged to accept the offer to participate in an informational meeting with the designated Coordinator prior to participating in the hearing.
6. An Advisor may participate in a hearing remotely by video conferencing (provided they remain on camera), or other appropriate means, provided the identity of the person participating remotely is known to all parties, and all other guidelines and procedures described in this Student Disciplinary Code are followed.
7. The Filer and Respondent are responsible for presenting his/her own case. Therefore, Advisors are not permitted to speak or to participate directly in the hearing.
8. The Filer and Respondent are expected to directly respond to questions. When a question is pending to be answered an Advisor may not consult with the advisee.
9. The Advisor may not speak on behalf of the Advisee or make a presentation on behalf of the advisee.
10. The Advisor may not author written submissions on behalf of the Advisee.
11. The College’s duty is to the Filer and Respondent not to either of their Advisors. All communications with the Advisor must be provided by the Advisee.
12. The College may remove any Advisor who fails to abide by the expectations of this process.

F. Deliberation Following the Hearing

After the hearing and any reopening, the Hearing Panel will deliberate by considering all of the relevant evidence and decide by majority vote whether the charge of misconduct has been proven.

G. Hearing Panel’s Decision

1. The Hearing Panel’s decision shall be made on the basis of whether it is more likely than not that the Respondent engaged in misconduct.
2. No Respondent may be found to have engaged in misconduct solely because a charge was filed or because of failure to appear before the Hearing Panel.
3. In all cases, the evidence in support of the charges of misconduct shall be presented and considered.
4. If the Hearing Panel decides that misconduct was proven, this Panel will then impose the appropriate sanction(s).
5. The Hearing Panel will communicate in writing its decision to the Coordinator.
6. The Coordinator will notify the Respondent, in writing, of the Hearing Panel’s decision.

H. Sanctions

1. The following sanctions may be imposed for misconduct:
   1. Warning: A written reprimand for misconduct.
   2. Loss of privileges: Denial of specified privileges for a designated period of time.
   3. Fines: Previously established and published fines may be imposed.
   4. Restitution: Compensation for loss, damage or injury. This may take the form of appropriate services and/or monetary or material replacement.
   5. Discretionary sanctions: Educational remediation, denial of academic credit, work assignments, services to the College, counseling, treatment or other related discretionary assignments.
   6. Clinic suspension: Separation from the Clinic (with the exception of receiving patient care) for a definite period of time. Conditions for readmission may be specified.
   7. College suspension: Separation from the College for a definite period of time. Conditions for readmission may be specified.
   8. College residential premises suspension: Separation from the residence and any other College-owned residential premises for a definite period of time. Conditions for readmission may be specified.
   9. College residential premises expulsion: Permanent separation from the residence and any other College-owned residential premises.
   10. College dismissal: Permanent separation from the College.
2. This list of possible sanctions is not all inclusive.
3. More than one sanction may be imposed for any single finding of misconduct.
4. In deciding whether or not misconduct was proven, a Hearing Panel is not made aware of any prior charge(s) of misconduct; informal resolution(s) of such charges; formal proven charge(s) and formal sanctions imposed. This does not apply to charges involving failure to comply with a previous sanction. However, once a subsequent charge of misconduct against the same Respondent is heard by a Hearing Panel and such subsequent charge is proven, then the Hearing Panel is made aware of informal resolution(s) of charge(s); formal proven charge(s) and formal sanctions imposed. The Hearing Panel may then consider these matters in deciding appropriate sanctions.
5. Sanction(s) may be more severe for Respondents previously found to have engaged in misconduct.
6. The College may withhold awarding a grade or a degree otherwise earned until the completion of the process set forth in this Code, including the completion of all sanctions imposed, if any.
7. Factual findings leading to expulsion requires agreement by a unanimous Hearing Panel.

I. Other Consequences

The policies and rules that govern this College process and the policies and rules of other College processes generally operate independently and do not substitute for each other. Subsequently, a finding of misconduct may result in additional consequences outside the jurisdiction of this College process or render a student ineligible for things a student may otherwise be eligible for such as but not limited to the following:

• Financial aid
• Immigration Status
• Scholarships
• Awards
• Leadership positions
• Membership or participation in certain clubs and organizations
• Preceptorship

Please contact the appropriate College official for questions regarding other College processes.

A. A decision by the Hearing Panel may be appealed by the Respondent to the designated College Appeals official within 10 academic days of the written decision.

B. Such appeal shall be in writing without assistance by an advisor and shall be delivered to the Coordinator. An advisor is not part of the appeal process.

C. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record made before the Hearing Panel and supporting documents for one or more of the following purposes:

1. To determine whether the formal hearing was conducted fairly in light of the charges and evidence presented and in conformance with these procedures.
2. To determine whether the sanctions imposed were appropriate for misconduct found.
3. To consider new evidence that may be sufficient to alter a decision or other relevant facts not brought out before the Hearing Panel, because such evidence/facts were not known to the Respondent appealing at the time of the hearing.

D. Review of the sanction(s) by the designated College Appeals official may not result in more severe sanction(s) for the Respondent. Instead, following the appeal, the designated College Appeals official may, upon review of the case, reduce the sanction(s) imposed by the Hearing Panel.

E. After review of the above, the designated College Appeals official, in writing, may decide to:

1. Affirm the sanction(s).
2. Reduce or dismiss the sanctions(s).
3. Return the charge(s) to the original Hearing Panel for reconsideration.
4. Return the charge(s) to the original Hearing Panel to hear further testimony.
5. Submit the charge(s) to a newly constituted Hearing Panel.

F. Except for E3, E4 or E5 above, the decision of the designated College Appeals official shall be final.

G. The Appeal Official’s decision will be forwarded to the College Coordinator who will then communicate it to the Respondent, in writing.

A. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records.

B. A charge of misconduct and all other documents submitted as a part of this Code, including investigations; the informal process; the formal hearing process; the appeal process; and the decisions are education records under FERPA to be maintained by the Office of Compliance.

C. Other than College dismissal, misconduct involving sexual misconduct, the College clinics, preceptorships, or any other Clinic program, disciplinary sanction(s) shall not be a part of the student’s permanent academic record, but may be made part of the student’s confidential record maintained by the Coordinator.

D. Two years after graduation, the student may, upon written application to the Coordinator, request that the student’s College confidential record be expunged by the Chief Academic Official of all disciplinary actions with the exception of the following which are maintained indefinitely:

• College dismissal
• Misconduct involving sexual misconduct.
• Misconduct involving the College clinics, preceptorships, or any other Clinic program.
• Misconduct involving clubs or organizations.
• Students who withdrew with pending disciplinary action.

Expungement is at the sole discretion of the Chief Academic Official. The decision of the Chief Academic Official is final.

E. The disclosure of such records to persons other than the Respondent and College officials with a legitimate education interest is limited to:

1. Instances in which written consent of the Respondent is provided; or
2. To the extent that FERPA (and Title IX as applicable) authorizes disclosure without such written consent.

F. If the Respondent is a current student, no notation will be placed on the Respondent’s transcript of a complaint or pending disciplinary action during the resolution process. However, if the Respondent withdraws from the College while a charge of misconduct is pending, the Respondent’s transcript will reflect a withdrawal and a notation of pending disciplinary review. The notation is subject to later modification to reflect the outcome of the disciplinary action.

G. For more information concerning this statute, please refer to the College’s Student Records Policy.

For inquiries regarding the administration of the Student Code of Ethics, contact any of the following Coordinators:

Palmer Main Campus 
Lori Larsen, B.A., Compliance Specialist
Also Serving as Student Code of Ethics Coordinator Office of Compliance
1000 Brady Street, Davenport, IA 52803
563-884-5246
lori.larsen@palmer.edu

Palmer Florida 
Jason Brewer, M.S., Dean of Student Services
Also Serving as Student Code of Ethics Coordinator Designee Office of Student Services
4777 City Center Parkway, Port Orange, FL 32129
386-763-2781
jason.brewer@palmer.edu

Palmer West
Michael Crump, M.Ed., Director of Student Services
Also Serving as Student Code of Ethics Coordinator Designee Office of Student Services
90 E. Tasman Drive, San Jose, CA 95134
408-944-6122
michael.crump@palmer.edu