Middlebury Handbook

A.3. Policy Violations and Disciplinary Process

This section describes the disciplinary process that is normally followed when a student participating in a Middlebury Schools Abroad program allegedly engages in conduct that violates a Middlebury policy or policies. Where other Middlebury policies specify separate processes, those processes will apply. (See, e.g., Middlebury's Non-Discrimination Policy and Middlebury's Policy Against Hazing).  Moreover, where applicable law or the local university where the program takes place mandate different procedures or policies, those procedures or policies will apply.

All Schools Abroad students will be held accountable for policy violations of the basic behavioral policies in this handbook, the Middlebury Handbook and of those policies defined herein, as well as violations of the host university's policies and rules (as applicable), which take place between the first day of orientation for the School Abroad program and the completion of the program. Conduct that occurs at or in connection with a School Abroad-related event, or occurs off-site but violates the law or may represent a threat to the safety of the School Abroad community or its members, the pursuit of the program's objectives, and/or the educational environment of others, may be subject to the disciplinary process. This includes violation of any of the below policies, which may result in discipline up to and including expulsion from a Middlebury School Abroad or any other Middlebury program:

Students found to have violated Middlebury policy may be subject to the full range of disciplinary actions, as applicable, up to and including expulsion from a Middlebury School Abroad or any other Middlebury program.

Alleged policy violations shall be reported to the Director/Principal of the School Abroad. The Director/Principal or designee (hereinafter referred to as "the Director/Principal") is ordinarily responsible for addressing alleged violations pertaining to academic honesty, respectful behavior and/or general conduct. Cases involving alleged violations of non-discrimination and Title IX policies will be referred directly to Middlebury's Civil Rights and Title IX Coordinator for further handling.

Except in cases of emergency removal, suspension, withdrawal or expulsion as described in this handbook and applicable Middlebury policies, the following disciplinary process will apply.

If a complaint or report of an alleged policy violation is made against a School Abroad student, the accused student will be given notice of the alleged violation and an opportunity to respond to the allegations prior to any determination or disciplinary action. The notice may be given orally or in writing. The "opportunity to respond" means that the student will be given an opportunity to meet and/or communicate with the Director/Principal.

The Director/Principal will then make a determination, based on a preponderance of the evidence, as to whether the student violated the policy at issue. Formal rules of evidence do not apply in Middlebury conduct proceedings. If a student is found responsible for a policy violation, the Director/Principal shall determine what disciplinary or other action should be taken, if any. The Director/Principal has the authority to take disciplinary action up to and including expulsion from the program. If the Director/Principal determines that the circumstances do not warrant immediate expulsion from the program, the Director/Principal may take other action, including the issuance of warnings (oral/written), reprimands, probationary status, official Middlebury College discipline, or suspension from the program. The Director/Principal may also assign non-disciplinary action as appropriate, including the issuance of No Contact Orders, room changes, class changes, or other actions as needed. Disciplinary action may be accompanied by notification to the student's undergraduate or graduate institution (or any other Middlebury program or non-Middlebury program in which the student is involved) and to the parents/guardians of dependent students. In Oxford, the Principal may also inform the Academic Board. For more information, see "Scope of Oversight" under Student Conduct.

Nothing in this section shall preclude the host university (if applicable) from exercising its independent right to suspend, expel or otherwise discipline a student in accordance with its own procedures.

In cases where a student is found responsible for a policy violation while participating in the School Abroad, the finding of responsibility may also be referred to the appropriate authority overseeing the student's home institution or any additional Middlebury or non-Middlebury program in which the student is or will be enrolled for other action as deemed appropriate. Nothing in this section shall preclude the host university (if applicable) from exercising its independent right to suspend, expel or otherwise discipline a student in accordance with its own procedures.

In certain circumstances involving alleged policy violations (e.g., involved individuals are enrolled in or employed by a foreign university or a non-Middlebury program) the host university's disciplinary procedures or the local court system may supersede Middlebury's procedures in that location. In these situations, the School Abroad Director/Principal, and/or other Middlebury official(s) will work closely with the local staff or faculty at the host university (or local law enforcement, if applicable) to ensure that the matter is appropriately addressed.  Middlebury will, nonetheless, take steps within the scope of its authority designed to prevent the recurrence of harassment, sexual misconduct, domestic or dating violence or misconduct, or stalking, and remedy the effects of such behavior.

Middlebury retains sole discretion to determine whether to initiate disciplinary or other action under its policies against a student who is or will be enrolled in another Middlebury program (including the undergraduate program) regardless of the outcome of any disciplinary proceeding conducted by a non-Middlebury institution or program and/or the outcome of any law enforcement investigation or court proceeding.

a) Appeals

The student may appeal the Director/Principal's decision to the Dean of International Programs at Middlebury College or designee (hereinafter referred to as "the Dean") within three business days of issuance of the Director/Principal's determination. Appeals may be granted on the basis of one or more of the following grounds:

  • Discovery of significant new factual material not available to the Director/Principal that could have affected the original result; however, prior omission of factual information that the student knew or should reasonably have known about is not a ground for an appeal;
  • Procedural error where the error prevented fundamental fairness;
  • Extreme mitigating circumstances.

The student must submit evidence and/or arguments they believe support any of the three grounds for appeal listed above, and their explanation of the evidence or arguments.  The Dean may deny the appeal, or if one or more of the appeal grounds have been met, may:

  • return the case to the Director/Principal for reconsideration; or
  • appoint an alternate disciplinary authority, as appropriate, to review the case.

Absent extenuating circumstances, the Dean will notify the student of the appeal decision within five business days of the appeal receipt deadline. This deadline may be extended if warranted by the circumstances, in which case the student will be notified at the time the extension is determined.

The decision made by the Dean to grant or deny the appeal is final. Should an appeal be granted, the subsequent determination and/or sanction is/are final.

Because Middlebury is committed to cultivating a safe, healthy and inclusive community where all individuals treat each other with respect, we ask all students to complete an on-line training course as part of the pre-departure process.

Middlebury's primary concern is for the health and safety of its students; therefore, the Medical Amnesty Policy exempts students who seek medical help for themselves or others from disciplinary action.

Student grievance policy (Oxford program only)

Student grievances should, in the first instance, be brought to the attention of the Principal.

At every stage in the process, the Principal – or, if appropriate, another member of staff – will ensure that the complainant understands the student grievance policy.

It may be that the Principal is able to resolve the matter informally by consultation with any students, tutors and staff involved. If a student is not satisfied with an informal resolution, then he/she can bring the matter to the Principal in writing. The Principal will investigate the matter, seeking guidance from others as appropriate. The Principal will then communicate the decision swiftly to the complainant. If a student is not satisfied with the decision of the Principal, then he/she can appeal to the Dean of International Programs at Middlebury College. The Dean’s decision is final.

Should there be any merit in a complaint, then prompt and proportionate action will be taken to rectify the situation.