Becker CPA Exam Review Student Code of Conduct

All students are expected to abide by Becker’s Student Code of Conduct.

Note: The Student Code of Conduct applies to all students, including those who attend online.

Article I

1. The term Becker means Becker Professional Development Corporation, d/b/a, Becker Professional Education.

2. The term “student” includes all persons taking courses or receiving services or materials from Becker. Persons not officially enrolled for a particular session but who have a continuing relationship with Becker are considered “students.”

3. The term “instructor” means any person hired by or contracted with Becker to conduct instructional activities, either in a classroom, or via online.

4. The term “Becker staff” means any person employed by Becker or Adtalem Global Education.

5. The term “member of the Becker community” includes students, instructors or Becker staff, and or any other individuals associated with Becker. The Director, Client Services or designee shall deter mine a person’s status in a particular situation.

6. The term “Becker premises” includes all land, buildings, facilities and other property in the possession of or owned, used, or controlled by Becker (including parking lots, adjacent streets and sidewalks).

7. The term “judicial advisor” means a Becker official authorized on a case-by-case basis by the Director, Client Services or designee to determine whether a student has violated the Student Code of Conduct and impose sanctions upon students found to have violated the Student Code of Conduct. Nothing shall prevent the Director, Client Services or designee from authorizing the same judicial advisor to impose sanctions in all cases.

8. The term “shall” is used in the imperative sense.

9. The term “may” is used in the permissive sense.

10. The Director, Client Services or designee is that person designated by the President of Becker to be responsible for administration of the Student Code of Conduct.

11. The term “policy” is defined as the written regulations of Becker as found in, but not limited to, the Enrollment Agreement, Software license, In-Class Policies and Procedures, and catalogs.

12. The term “organization” means any number of persons who have complied with the formal requirements for Becker recognition/registration.

Article II: Judicial Authority

1. The Program Director shall develop procedures for administration of the judicial program and for the conduct of hearings, which are not inconsistent with provisions of the Student Code of Conduct.

2. Decisions made by the Program Director shall be final, pending the normal appeal process.

Article III: Proscribed Conduct

Jurisdiction of Becker

The Code of Conduct applies to student behavior that affects the Becker community, irrespective of where that conduct may occur.

Conduct – Rules and Regulations

Any student found to have committed the following misconduct may be subject to disciplinary sanctions outlined in Article IV. (This list is not all-inclusive but does include categories of misconduct as defined by Becker.)

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

a) Furnishing false information to any Becker official, instructor or office.

b) Forgery, alteration or misuse of any Becker document, record or instrument of identification. This includes, but is not limited to, Becker Promise documents, performance summary, scholarship documents, and verification documents for affiliation with a firm or society.

c) Computer piracy, including duplication or sharing of course access or login information, computer software, copyright infringement and unauthorized computer entry.

2. Illegal copying or reproduction of any Becker course materials or knowingly purchasing counterfeit materials from an illegal source.

3. Disruption or obstruction of teaching, administration, disciplinary proceedings and other Becker activities.

4. Physical abuse, verbal abuse, threats, intimidation, 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 by phone or on Becker premises or at any Becker-sponsored activity.

5. Attempted or actual theft of and/or damage to property of Becker or property of a member of the Becker community or other personal or public property.

6. Gambling on Becker premises, at Becker functions or through the use of Becker equipment.

7. Failure to comply with directions of Becker 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.

8. Unauthorized possession, duplication or use of keys to any part of Becker premises, or unauthorized entry to or use of Becker premises.

9. Violation of published Becker policies, rules or regulations or license agreement.

10. Violation of federal, state or local law on Becker premises or at Becker-sponsored or Becker-supervised activities, or other violation of federal, state, or local law which has an adverse effect on the Becker community.

11. Use, possession or distribution of narcotic or other controlled substances, except as expressly permitted by law, or being under the influence of such substances.

12. Use, possession or distribution of alcoholic beverages, except as expressly permitted by law and Becker regulation; or public intoxication on Becker premises.

13. Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals on Becker premises or at any Becker-sponsored activity.

14. Participation in a campus demonstration that disrupts normal operations of Becker or infringes on rights of other members of the Becker community; leading or inciting others to disrupt the scheduled and/or normal activities within any Becker building or area; intentional obstruction that is unreasonable and interferes with freedom of movement and/or free flow of pedestrian or vehicular traffic on Becker premises or at a Becker-sponsored or supervised activity.

15. Conduct that is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on Becker premises or at functions sponsored by the Becker community.

16. Aiding, abetting or inducing another to commit a violation of the Student Code of Conduct.

17. Theft or other abuse of Becker computer systems 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 Becker computing systems to interfere with work of another student, instructor or Becker official.

e) Use of Becker computing systems to send obscene or abusive messages.

f) Use of Becker computing systems to interfere with normal operation of Becker.

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

18. Abuse of the judicial or disciplinary system, including, but not limited to:

a) Failure to appear before a judicial advisor or Becker official.

b) Falsification, distortion or misrepresentation of information before a judicial advisor.

c) Disruption or interference with orderly conduct of a judicial proceeding.

d) Knowingly instituting judicial proceedings without good cause.

e) Attempting to discourage an individual’s proper participation in, or use of, the judicial system.

f) Attempting to influence the impartiality of a judicial advisor prior to, and/or during, the course of the judicial proceeding.

g) Harassment (verbal or physical) and/or intimidation of a judicial advisor prior to, during and/or after a judicial proceeding.

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

i) Influencing or attempting to influence another person to commit an abuse of the judicial system.

Violation of Law and Becker Action

1. If a student is charged with an off-campus violation of federal, state or local law, Code of Conduct proceedings may be initiated if the violation of law holds the potential of an adverse impact on the Becker community.

2. Becker proceedings may be instituted against a student charged with violation of a federal, state or local law that is also a violation of the Student Code of Conduct (for example, if both violations result from the same factual situation), without regard to the pendency of civil litigation or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

3. When a student is charged by federal, state or local authorities with a violation of law, the Becker judicial advisor may, at his/her discretion, request or agree to special consideration for that individual because of his/her status as a student. If the alleged offense is also the subject of proceeding before a judicial advisor under the Student Code of Conduct, however, the Becker judicial advisor may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters will be handled internally with the Becker community. Becker will cooperate fully with law enforcement and other agencies in enforcing criminal law on Becker property and in the conditions imposed by criminal courts for rehabilitation of student viola tors. Individual student or instructors, acting in their personal capacities, remain free to interact with a governmental representative or law enforcement official as they deem appropriate.

Article IV: Judicial Policies

Charges and Hearings

1. Any member of the Becker community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the judicial advisor. Any charge should be submitted as soon as possible after the event takes place.

2. The judicial advisor may conduct an investigation to determine if charges have merit and/or if they can be resolved by mutual consent of parties involved on a basis acceptable to the judicial advisor (such as mediation). Such disposition shall be final, and there shall be no subsequent proceedings.

3. All charges shall be presented to the accused student in written form. A time will be set for a hearing, not less than two, nor more than 15 calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the judicial advisor.

4. Hearings shall be conducted by the judicial advisor according to the following guidelines:

a) Hearings shall be conducted in private.

b) Admission of any person to the hearing shall be at the discretion of the judicial advisor.

c) In hearings involving more than one accused student, the judicial advisor, at his/her discretion may permit hearings concerning each student to be conducted together.

d) The complainant and accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complain ant and/or accused are responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial advisor.

e) The complainant, accused and judicial advisor shall have the privilege of presenting witnesses, subject to the right of cross-examination, by the judicial advisor.

f) Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the judicial advisor.

g) All procedural questions are subject to the final decision of the judicial advisor.

h) After the hearing, the judicial advisor shall determine whether the student has violated the specific section(s) of the Student Code of Conduct that the student is charged with violating.

i) The judicial advisor’s determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct.

5. There shall be a single verbatim record, such as a tape recording, of all hear ings before a judicial advisor. The record shall be the property of Becker, shall be retained in a separate disciplinary file and retained in accordance with the Becker’s record retention procedures. Recordings are not done during deliberations, as these are held in private. All recordings are considered Becker property.

6. Except in the case of a student charged with failing to obey the summons of a judicial advisor or Becker official, no student may be found to have violated the Student Code of Conduct solely because the student failed to appear before a judicial advisor. In all cases, the evidence in support of the charges shall be presented and considered.

Sanctions

1. The sanctions listed below may be imposed upon any student found to have violated the Student Code of Conduct. The listing of the sanctions should not be construed to imply that students are entitled to progressive discipline. The sanctions may be used in any order and/or combination which Becker deems appropriate for the conduct in question.

a) Warning - A verbal or written notice to the student that the student is in violation of or has violated Becker regulations.

b) Probation - A written reprimand for violation of specific regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any Becker regulation(s) during the probationary period.

c) Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

d) Becker Expulsion - Permanent separation of the student from all Becker locations and or services and course access.

2. More than one sanction listed above may be imposed for any single violation. In each case in which a judicial advisor determines that a student has violated the Student Code of Conduct, sanction(s) shall be determined and imposed by the judicial advisor. Following the hearing, the judicial advisor shall advise the accused in writing of his/her determination and of the sanction(s) imposed, if any.

Interim Suspension

In certain circumstances, the Director, Client Services, or a designee, may impose a Becker interim suspension prior to the hearing before a judicial advisor.

1. Interim suspension may be imposed:

a) to ensure the safety and well-being of members of the Becker community or preservation of Becker property;

b) to ensure the student’s own physical or emotional safety and well-being; or

c) if the student poses a definite threat of disruption of or interference with the normal operation of Becker.

2. During the interim suspension, students shall be denied access to Becker premises (including classes and online course access) and/or all other Becker activities or privileges for which the student might otherwise be eligible, as the Director, Client Services or designee or the judicial advisor may determine to be appropriate.

Appeals

1. A decision reached by the judicial advisor or a sanction imposed by the judicial advisor may be appealed by the accused student or complainant to the Director, Client Services or designee within the session in which the sanction occurs, or within the time frame otherwise identified in the sanction notice. Such appeals shall be in writing. In cases where the Director, Client Services or designee is the judicial advisor, the appeal shall be directed to the next administrative level, the contact for which will be identified in the sanction notice.

2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

a) To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in substantial conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code of Conduct was violated, and giving the accused student a reasonable opportunity to prepare and present a rebuttal of those allegations.

b) To determine whether the decision reached regarding the accused student was based on reasonable evidence; that is, without substituting his/her judgment for that of the judicial advisor, the appellate decision-maker shall consider whether the facts in the case were reasonably sufficient to establish that a violation of the Student Code of Conduct occurred.

c) To determine whether the sanction(s) imposed were reasonably appropriate for the violation of the Student Code of Conduct the student was found to have committed.

d) To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

3. If the Director, Client Services or designee upholds an appeal, the matter shall be remanded to the judicial advisor for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s).