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THE CODE OF NON-ACADEMIC CONDUCT

Approved by President Bennet, July 1999
Revised, May 2004

Revised and Approved by President Roth, May, 2008

I. INTRODUCTION

The Code of Non-Academic Conduct was written in light of the following passage excerpted from the Joint Statement on the Rights and Freedoms of Students (see Appendix).

"The institution has an obligation to clarify those standards of behavior that it considers essential to its educational mission and its community life. These general behavioral expectations and the resultant specific regulations should represent a reasonable regulation of student conduct, but the student should be as free as possible from imposed limitations that have no direct relevance to his/her education. Offenses should be as clearly defined as possible and interpreted in a manner consistent with the aforementioned principles of relevancy and reasonableness. Disciplinary proceedings should be instituted only for violations of standards of conduct formulated with significant student participation and published in advance through such means as a student handbook or a generally available body of institutional regulations."

Obviously, no code could anticipate every form of conduct detrimental to the University. Each member of the University community, therefore, is expected to pay close attention to the Joint Statement on the Rights and Freedoms of Students and to remember that a reasonable, considerate, and courteous attitude toward all others in the community is the primary goal and the best guideline.

It should be remembered that Wesleyan also has an obligation to uphold the laws of the larger community of which it is a part. While the activities covered by the laws of the larger community and those covered by Wesleyan�s rules may overlap, it is important to note that the community�s laws and Wesleyan�s rules operate independently and that they do not substitute for each other. Wesleyan may pursue enforcement of its own rules whether or not legal proceedings are under way or in prospect and may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether University rules have been broken. Conversely, the University makes no attempt to shield members of the Wesleyan community from the law, nor does it intervene in legal proceedings against a member of the community. Membership in the Wesleyan community does not exempt anyone from local, state, or federal laws, but rather imposes the additional obligation to abide by all of Wesleyan�s regulations.

As a point of information, it should be mentioned that all members of the University community are expected to adhere to the regulations while on campus or engaged in University activities.

II. THE CODE OF NON-ACADEMIC CONDUCT

A. Regulations

1. Privacy and Tranquility�The intentional infringement upon the right to privacy of any member of the community is prohibited. The persistent interruption of a reasonable level of peace and quiet is also a violation. Students should be aware that repeated violation of this regulation could result in administrative reassignment to another residential unit or area.

2. Harassment and Abuse�Harassment and abuse, intentionally directed toward individuals or groups, may include at least the following forms: the intentional use or threat of physical violence, coercion, intimidation, and verbal harassment and abuse. Wesleyan University�s commitment to nondiscrimination means that intentional discriminatory harassment may be punished more severely than nondiscriminatory or unintentional forms of harassment.

3. Sexual Misconduct�Sexual misconduct, including, but not limited to, sexual harassment, sexual assault, coercion, and threats or use of force, is prohibited.

4. Property�The unauthorized use, or the abuse, destruction, or theft of University property or the property of any of its members, guests, or neighbors is prohibited. This regulation prohibits the unauthorized appropriation or "borrowing" of common property for personal use. This includes but is not limited to all tunnels, roofs, and areas under construction.

5. False Information�Knowingly furnishing false information to a University officer or member of any constituted hearing board acting in performance of his/her duties is prohibited.

6. Misuse of Documents�Forgery, alteration, or the unauthorized possession or use of University documents, records or instruments of identification is prohibited.

7. Tampering with Locks and Duplication of Keys�Tampering with locks in University buildings, unauthorized possession or use of University keys, and alteration or unauthorized duplication of University keys are prohibited.

8. Fire Protection Systems�Tampering with fire extinguishers, fire alarm boxes, or smoke or heat detectors anywhere on University property is prohibited.

9. Restricted Items/Fire Hazards�The following are considered fire hazards and are prohibited within any University-owned or -operated facility:

a. Starting a fire anywhere on University property without explicit permission from the Office of Public Safety is prohibited.
b. The use or storage of kerosene lamps, canned heat (�Sterno), flammable liquids, charcoal grills, and other open-flame devices except in areas such as kitchens or laboratories that are specifically designed for their use. Likewise, candles and flammable decorations are also prohibited.
c. Student Residential Facilities�Cooking/heating devices are prohibited in all student residential facilities (except kitchens). Certain decorative items (such as candles, halogen lamps, tapestries, etc.) are also prohibited in student residences. A detailed listing of items not allowed in student residences is provided in the "Terms and Conditions" of the housing contract.
d. Explosives, Ammunition, Incendiary Devices�Personal possession, storage, or use of firecrackers, fireworks, fire bombs, smoke bombs, blasting caps, ammunition, or any other explosive or incendiary device is prohibited anywhere on the Wesleyan campus or while one is engaged in any University-connected activity. Ammunition for use in sporting activities must be stored in the Office of Public Safety.
e. Lethal Weapons�Personal possession or use of operable firearms, air guns, or other lethal weapons is prohibited on the Wesleyan campus or while participating in University activities. Students wishing to maintain firearms for hunting or target shooting in the Middletown area must notify the Office of Public Safety prior to bringing the weapon to Middletown and must immediately upon their arrival deposit the weapon at the Office of Public Safety for storage. A student may check out a weapon for sporting activity immediately prior to his/her departure for the activity and must return it to the office immediately upon his/her return from the activity.

10. Reckless Endangerment�Creating condition(s) or an environment that endangers, or has the potential to endanger, other members of the community or property is prohibited. Failure to take reasonable constructive action to remedy such conditions may also constitute a violation.

11. Pets�Uncaged pets are not allowed in any University facility, including residential facilities, classrooms, libraries, laboratories, studios, sports facilities, food service areas, administrative offices, and public meeting areas. Fish in 10 gallon tanks or smaller are permitted.

12. Disruptions�The following "ground rules" for political freedom on campus are excerpted from the booklet "Academic Freedom and Civil Liberties of Students in College and University," published by the American Civil Liberties Union in 1970.

a. Ground Rules. Picketing, demonstrations, sit-ins, or student strikes, provided they are conducted in an orderly and non-obstructive manner, are a legitimate mode of expression, whether politically motivated or directed against the college administration, and should not be prohibited. Demonstrators, however, do not have the right to deprive others of the opportunity to speak or be heard, take hostages, physically obstruct the movement of others, or otherwise disrupt the educational or institutional processes in a way that interferes with the safety or freedom of others.
b. Students should be free, and no special permission should be required, to distribute pamphlets or collect names for petitions concerned with campus or off-campus issues.
c. University members who believe that activities of other members threaten to come in conflict with this regulation should file a complaint with the clerk of the SJB requesting that the appropriate hearing board enjoin the offensive conduct through the SJB procedures. (See University Policies� Disruptions, pg. 49 for further clarification and guidelines.)

13. Drugs and Alcohol�The University prohibits underage and unlawful possession, use, or distribution of illicit drugs and alcohol. This prohibition includes, but is not limited to, the following:

a. The possession, use, manufacture, distribution, or dispensing of illegal drugs or controlled substances by any member of the Wesleyan community. Students should be advised that University personnel may confiscate drug paraphernalia (including bongs, water pipes, etc.). Such items will be tested for drug residue and the owner held responsible for a drug policy violation if appropriate.
b. Underage possession or consumption of alcohol anywhere on University property or at University�sponsored events.
c. Distribution of alcohol to underage persons anywhere on University property or at University-sponsored events. Hosts of social events where alcohol is distributed may be held responsible for any such illegal distribution committed by their guests.
d. The possession of false identification.
e. The possession or consumption of alcohol on city property, streets, and sidewalks.
f. The sale, distribution or dispensing of alcohol without a permit in any premises, building, apartment, or other place used by any club, association, social, or fraternal society or organization to the members thereof, their guests, or other persons.
g. Operating a motor vehicle while under the influence of alcohol and/or drugs.

Note: Students requiring medical assistance as a result of alcohol and drug use may receive a one-time exemption from formal judicial proceedings if they agree to attend a 2-part CHOICES alcohol workshop and participate in any recommended educational assignments.18

14. Failure to Comply�Members of the community are expected to comply with requests made by University personnel acting within the capacity of their responsibilities including requests for adequate identification. Public Safety Officers should be allowed to enter private residential spaces to address suspected policy violations. Officers may enter private residential spaces without residents� permission only with the approval of the vice president for student affairs (or designee).

15. Department Regulations�Members of the community are expected to abide by duly established and promulgated non-academic regulations. This is intended to cover the operating regulations of all University programs and facilities.

B. Jurisdiction�

The Student Judicial Board shall have the ability to hear complaints concerning violation(s) of the Code of Non-Academic Conduct in any of the following circumstances:

If the violation occurs on the campus or in any campus facility;
If the violation occurs during a University-related activity (e.g., athletic contest, field trip, social event, activity sponsored by a recognized student organization);
If the violation, regardless of where the conduct occurs, calls into question the student�s suitability as a member of the University community.
Off-Campus Criminal Violations�A student charged with an off-campus criminal violation is not automatically subject to University disciplinary procedures. Rather, the question of initiating University disciplinary action depends on whether the incident that led to the arrest also harmed a distinct interest of the University. Therefore, the University is faced with the necessity of developing sufficient information to determine if and in what manner the interests of the University community have been harmed. If it is determined that such harm has taken place, the information will be presented to the SJB as the basis for disciplinary action.

III. THE STUDENT JUDICIAL BOARD

A. Composition and Tenure

1. The voting membership of the Student Judicial Board (SJB) shall consist of seven undergraduate students, each serving a two-year term.

2. The advisory membership of the SJB shall consist of two faculty members, each serving a two-year term, and the dean of students (or designee), serving ex officio.

B. Selection

1. The regular voting members of the SJB shall normally be selected in the spring of their sophomore year to serve a two-year term during their junior and senior years. If the spring selection process does not give rise to an adequate number of new members, additional voting members may be selected in the fall of their junior year to serve a two-year term during their junior and senior years.

2. Three voting members shall be selected in even-numbered years and four voting members shall be selected in odd-numbered years. Additional members may be selected to fill vacancies. They will serve for the duration of the unexpired term.

3. Voting members shall be chosen by a selection committee consisting of at least two voting members of the SJB, at least one advisor, and at least two members of the Wesleyan Student Assembly.

4. A voting member of the SJB may be removed from the board, for cause, by the dean of student services. Complaints against a voting member of the SJB should be submitted to the dean of student services.

5. No voting member of the SJB shall serve concurrently on the Student Affairs Committee of the Wesleyan Student Assembly or the Trustees� Campus Affairs Committee.

6. The faculty advisors to the SJB will be appointed by the dean of the college in consultation with the SJB and the Faculty Executive Committee. Faculty advisors will be expected to participate in SJB training.

C. Officers

1. The voting members of the SJB shall select, with the approval of the dean of student services, two co-chairs, each normally serving at least a one semester term.

2. The co-chairs shall review complaints as they are received by the Clerk, consult with the administrative advisor(s) on the appropriate method of adjudication, and schedule judicial hearings as appropriate. The co-chairs will maintain records in a form approved by the dean of students.

D. Responsibilities

1. The SJB shall hear complaints concerning alleged violations of the Code of Non-Academic Conduct by other students or by student groups. When appropriate, the SJB shall attempt to refer cases for mediation prior to any formal adjudication. In all cases, the SJB shall determine the level of individual and/or group responsibility for the incident leading to the complaint.

2. The SJB shall be responsible for primary adjudication of all alleged violations of the Code of Non-Academic Conduct except those cases that may arise when the SJB cannot convene (summer, recess periods, etc.). Cases arising when the SJB cannot convene may be held in abeyance until such time as the SJB reconvenes, may be disposed of via judicial conference, or may be adjudicated by an interim administrative judicial board. Such an interim administrative board shall be comprised of the dean of the college, the dean of student services, and at least one student member of the SJB. The SJB member(s) of the interim administrative board may participate in hearings via speakerphone or other similar technology. The dean of student services will consult with a designated representative from the SJB in order to determine the manner in which cases should be resolved when the SJB cannot convene.

3. In order to permit the expeditious handling of cases in which mediation is feasible or of minor judicial matters, the SJB may, with the approval of the dean of student services, develop simplified procedures and may delegate the responsibilities for mediation or adjudication.

4. In judicial matters, the SJB shall receive evidence, hear witnesses, determine if the reported student(s) or group is responsible for violations of the Code of Non-Academic Conduct, and shall recommend sanctions to the dean of students. In a formal sense, the authority to impose sanctions in the name of the University must be vested in an officer of the University.

5. The role of the faculty and administrative advisor(s) is to brief the SJB before each hearing to ensure a clear understanding of the regulation(s) in question and of the hearing procedures. The advisor(s) shall advise the chair during hearings to see that the Board follows procedures correctly. They may offer information and assist the chair in facilitation. They may also offer advice or clarification regarding appropriate sanctions or questions regarding policies and procedures during deliberations in closed session. In cases involving sexual offenses, the advisor(s) will review all written material before submission to the SJB and delete any references to the prior sexual history of either party.

6. The SJB shall periodically distribute a summary of the cases adjudicated by the board to the campus community. The names of those involved in the cases should be omitted and identifying information changed as appropriate to protect the confidentiality of those involved.

IV. JUDICIAL PROCEDURES

A. Reported Students� Rights

Students and organizations reported for alleged violations of the Code of Non-Academic Conduct have a right to the following:

1. Written notice of charges, including time and place of the alleged violation.

2. Resolution of charges in accordance with judicial system policies as outlined.

3. At least forty-eight (48) hours� notice of the time and place of a SJB hearing.

4. Review of the reports that serve as the basis for the charge(s).

5. Assistance from an advisor.

6. Written notice of the results of hearings and appeals.

7. File an appeal of the SJB�s ruling.

8. Confidentiality regarding the outcome of their hearing (except for the reporting party�s right to be informed of the SJB�s decision) and any subsequent appeal.

B. Reporting Party�s Rights

The person reporting a violation of the Code of Non-Academic Conduct has the right to the following:

1. Advice from the Office of the Dean of Students in preparing for a hearing.

2. At least forty-eight (48) hours� notice of the time and place of a hearing.

3. Participation in the hearing, if the case is not resolved via judicial conference.

4. Notice of decision of hearings and appeals.

5. Resolution of charges in accordance with judicial system policies as outlined.

C. Reports of Violations

Although most alleged violations are documented by the Office of Public Safety, any individual who is aware of a violation of the Code of Non-Academic Conduct may submit a report to the Office of the Dean of Students. Reports should be submitted as soon as possible, but preferably within five (5) days of the incident.

Reports must be in writing and contain a complete description of the incident with the names of all parties involved as participants or witnesses. The University may file a complaint when violations of the Code of Non-Academic Conduct harm salaried employees, University guests or neighbors, or if witnesses are unwilling to pursue the matter.

The Code of Non-Academic Conduct applies to groups as well as to individuals. Whenever a complaint is filed with the SJB, the officers of the SJB and an administrative advisor will review the complaint to determine the degree to which a group may be responsible for the actions leading to the complaint. If it is determined that a group may be responsible for a violation of the Code, the SJB will take appropriate action with respect to the group as well as the individuals involved.

D. Notification of Charges

An accused student will receive written notification of alleged violations of the Code of Non-Academic Conduct. The student must respond to the notice of charges within the time frame outlined in the notification. Please note that the University�s primary means of communicating with students is through their Wesleyan e-mail accounts. Students are responsible for reading and responding to e-mail from University officials.

E. Adjudication Procedures

There are several adjudication procedures used to resolve cases. The SJB co-chairs and the administrative advisor(s) will meet to review cases submitted for adjudication. This group will determine the appropriate adjudication procedure for resolving of the case.

If the group is unable to come to consensus on an adjudication procedure for a particular case, the dean of the college may make the final determination.

1. Judicial Conference

Minor judicial matters and cases where mediation is feasible will be referred to the Residential Life professional staff who will contact the accused student(s) and attempt to resolve the case via a judicial conference. During the judicial conference, the accused student(s) and the Residential Life staff member will discuss the incident, alleged violations and possible sanctions. If an agreement regarding the student�s level of responsibility and sanctions (if appropriate) can be reached during the conference, the student will sign a summary/response form indicating their agreement with the proposed resolution and the case will be considered closed. If no agreement can be reached, the case will be referred to the Student Judicial Board for formal adjudication.

If a student is facing more serious charges, the student may request a judicial conference with the dean of student services or designee. The conference will be conducted as outlined above, but the full range of sanctions is available to the dean. The dean will consult with the co-chairs of the SJB before imposing sanctions.

2. Simplified SJB Hearings

In cases involving minor violations, the SJB shall convene a simplified hearing. At such a hearing, the board shall meet with three voting members present� although permitted, advisors do not normally attend simplified hearings. A limited range of sanctions including disciplinary warning, disciplinary probation, community service assignments, fines, restitution, and educational assignments is available in this procedure. If, during the course of a simplified hearing, the SJB determines that the nature of the violation and/or probable sanctions are more serious than anticipated, the simplified hearing may be adjourned in favor of a full hearing.

3. Full SJB Hearings

In cases involving violations that are deemed to be serious, the SJB shall convene a full hearing. At such a hearing, the board shall meet with five voting members present, at least one faculty advisor, and at least one administrative advisor. The full range of sanctions is available in this procedure. In cases where the administration identifies itself as the aggrieved party, the administrative advisor should withdraw and will be replaced by the second faculty advisor. This procedure should not be followed when the administration brings a case on behalf of an aggrieved third party. 22

If a student�s continued presence on campus endangers University property, the physical safety or well-being of other members of the University community, affects his/her physical or emotional safety or well-being, or disrupts the educational process of the community, the dean of students may request an expedited hearing. An expedited hearing will be convened immediately (typically within 48 hours) and may involve an interim board (as outlined in Section III-D-2) if the SJB is unable to convene on such short notice.

Examples of cases that warrant such a hearing include, but are not limited to, cases involving arson, assault, sexual misconduct, threats, and reckless endangerment. The dean of student services has the authority to place a student on an immediate suspension pending the outcome of the hearing.

4. Joint Student-Administrative Panel

When the SJB co-chairs and advisors determine that a case involves egregious violations and/or serious violations where external legal charges may also result from the alleged conduct, a joint student-administrative panel may be convened to hear the case. At such a hearing, the board shall be comprised of two student members of the SJB and two administrators, all with full voice and vote. At least one of the SJB�s administrative advisors should serve on the board. The full range of sanctions is available in this procedure. If the board is unable to come to consensus on the case during deliberations, the vice president for student affairs may make the final determination. For this reason, the dean of the college may attend the hearing in an ex officio capacity, but should not attend deliberations. The dean may consult with the University�s legal advisor if appropriate.

5. Administrative Panel

For cases involving violations of the sexual misconduct and assault policy will be adjudicated by an administrative panel comprised of four employees of the University. The panel will be comprised of two male and two female staff or faculty drawn from the advisors to the board or hearing officers who have been trained on cases of sexual assault. The procedures for the hearing outlined in the Code and the Sexual Misconduct and Assault Policy will be followed.

F. Hearing Procedures

1. The chair will conduct the hearing according to the following procedures.

a. The chair will inform the accused student(s) of the alleged violation(s).

b. The accused student(s) will acknowledge whether they are responsible or not responsible for the violation(s).

c. The person(s) reporting the violation(s) and witnesses (if any) will have the opportunity to make opening statements and offer their account of the incident.

d. The accused student(s) and their witnesses (if any) will have the opportunity to make opening statements and offer their account of the incident.

e. The reporting person(s) and the accused student(s) may question each other and any witnesses. Questions are directed to the board who then redirects them to the appropriate party.

f. Board members may question the reporting person(s), the accused student(s), and/or any witnesses.

g. The reporting person(s) and the accused student(s) may make closing statements. In cases where the reporting person(s) or accused student(s) fail to appear, the chair may modify these procedures.

2. All parties involved in the hearing may review available written evidence in the case file before the hearing.

3. A victim of any violation involving alleged sexual misconduct or assault may participate in a hearing without physically appearing before the board. The victim may participate through the use of a speakerphone or via similar means.

4. All judicial hearings shall be conducted in accordance with the standards of fair process. Specifically, the accused student should be informed of the nature of the charges against him/her, be given a fair opportunity to refute them, and the opportunity to appeal the board�s decision. Any board member who feels he/she cannot be impartial in a given case shall excuse himself/herself and shall be replaced by another voting member.

5. The board may require the cooperation of any member of the University community in furnishing testimony or evidence directly related to the adjudication of a case. However, no member of the University staff with whom an accused student has entered into a confidential relationship can be required to give information arising from that relationship without the permission of the accused student. Furthermore, the board shall excuse a witness if it concludes that by giving testimony the witness may be endangered.

6. The chair (or designee) will generate a written summary of all hearings. Full hearings will also be tape-recorded. Written summaries will be maintained with the case file. Tape recordings of the hearing are to be used by the board during deliberations and/or by the President if there is an appeal of the board�s findings. Tape recordings will usually be destroyed after the appeal process is complete.

7. Student judicial records are confidential and are available only to persons who have permission from the student. Limited judicial information may be shared with other University administrators and faculty members who have a legitimate need-to-know.

8. All hearings are closed to the general public.

9. If an accused student fails to appear for a scheduled hearing, the board will hear the case based on the available information. The University will not necessarily drop charges of misconduct because an accused student leaves the University for any reason (e.g., voluntary withdrawal, required resignation, separation, or dismissal).

10. An accused student may bring an advisor to a hearing. The advisor must be a student, a member of the faculty, or an administrator at the University. During he hearing the advisor may only advise during recesses granted by the board and may clarify procedural questions before, during, or after the hearing.

11. The board will make decisions about responsibility and sanction(s), if appropriate, during closed session, and their decisions regarding responsibility shall be based on the evidential standard of "fair preponderance." The board is responsible for determining if it is more likely than not that the alleged violation occurred. The party bringing the charges need not provide evidence beyond a reasonable doubt in a hearing. Decisions rendered during hearings shall be by majority vote of the voting members present. The board will forward its finding and recommended sanction(s) to the dean of student services who will review and implement them in the name of the University. The considered judgment of the board shall be taken by the dean of students as a binding recommendation, to be modified only in extraordinary circumstances.

12. The University requires that judicial boards and administrative staff maintain confidentiality regarding judicial matters. Individual(s) who reported the alleged violation(s) will be informed of the board�s decision. Information about assigned sanctions will be shared with reporting parties as deemed appropriate by the board. The dean of students may share information about judicial charges, findings, and sanctions with University personnel who, at the discretion of the dean, have a legitimate need to know.24

G. Hearing Findings

1. No Violation
A decision that the accused student is not responsible for a violation of the Code of Non-Academic Conduct.

2. Violation
A decision that the accused student is responsible for a violation of policy as charged.

H. Hearing Sanctions

1. The University should have a range of sanctions of graduated severity to deal with infractions of varying seriousness. Insofar as possible, sanctions should "fit" the offense in a common-sense manner. This means that the board may want to draw on a variety of sanctions that not only allow a range of responses from mild to severe, but that also include responses that speak rather directly to particular types of problems. Sanctions should be unambiguous in meaning, and the consequences that follow from a given sanction should be clear.

2. In addition to recommending sanctions such as community service, fines, restitution, educational assignments, and referrals to deans and directors of Student Affairs, the board will normally recommend the imposition of one of the following sanctions:

a. Disciplinary Warning�An official written reprimand that includes a warning that further violations of the Code of Non-Academic Conduct will result in more serious sanctions.

b. Disciplinary Probation�A temporary status for a period to be established by the board, during which the student�s standing within the University is in jeopardy. Additional violations during the probationary period may result in suspension or dismissal.

c. Suspension�A student�s removal from the institution for a period to be determined by the judiciary, but in no event less than the remaining portion of the semester during which the case is adjudicated. Students must comply with the terms of their suspension in order to be eligible to return to the university.

d. Dismissal�A student�s permanent removal from the institution.

3. In cases of damage to University property, the board, as a part of its recommendation to the dean of students, should normally require full restitution and/or any reasonable expenses for repair. The board may recommend restitution for damages suffered by a third party, but cannot collect damages on behalf of a third party.

4. The board may recommend restriction of individual access to specific University facilities, limitation of individual participation in specific University activities, or curtailment of privileges that are enjoyed by a student, so long as these restrictions are directly relevant to the violation.

5. Repeat Violations�In the case of repeated violations or violation in deliberate disregard of a specific warning, a student will be subject to more serious sanctions than would otherwise be the case. A prior disciplinary record is never relevant in determining the facts of an incident, but once the facts have been established, it is relevant in determining appropriate sanctions.

6. Sanctions Related to Group Behavior�In addition to recommending other sanctions such as community service, fines, educational assignments, restitution, etc., the board may recommend the imposition of the following sanctions:

a. A written disciplinary warning with a copy maintained in the judicial file. The warning may specify corrective measures that can help the group avoid similar complaints in the future.

b. Disciplinary probation for a period to be established by the board, implying that the group�s standing within the University is in jeopardy and that further negligent or willful violations will normally result in suspension of University recognition. Disciplinary probation may include restrictions on the group�s functions during the probationary period. The group should also be informed of corrective measures that must be undertaken during the probationary period and maintained after its conclusion.

c. Suspension of University recognition�a group desiring to reestablish a relationship with the University must re-apply for recognition by the University through the dean of students.

I. Appeals

Reported students who have been found in violation by the board may appeal the decision to the President on the basis of the following grounds:

1. Violation of fair process;

2. Excessive or inappropriate sanction;

3. New evidence that was not reasonably available at the time of the hearing;

4. Procedural error (if the error adversely affected the outcome of the hearing). Students who wish to appeal must do so in writing. The appeal letter must clearly state the grounds and rationale for the appeal. Appeal letters should be addressed to the President and must be delivered to the President�s Office prior to the date indicated in the written notification of the hearing decision (typically students will have five business days to file an appeal). Sanctions resulting from the case will not be implemented until after the appeal is resolved. If an expedited full hearing results in a student�s immediate suspension or dismissal, the student must leave campus and remain off campus during the appeal process.

The President will notify the student of the outcome of the appeal. If the appeal is granted, the President has the authority to modify the sanctions or recommend a new hearing. If the appeal is denied, the sanctions will be imposed and the University will consider the case closed.

J. Additional Procedures

1. Internal Injunctions

One special power, which may be exercised by the SJB, shall be to determine the point at which free expression by one individual or group crosses the line of tolerability and becomes an invasion of the rights of other individuals. This critical judgment must always be exercised in determining when verbal or physical expression can reasonably be considered harassment or disruption.

Immediately upon receipt of a complaint that harassment or disruption is in process or imminent, thereby threatening to deprive an individual of his/her rights, the SJB shall convene to consider the matter. In such a case the board shall be authorized to deliver an injunction against the conduct in question.

This warning shall contain an explicit description of the disruptive behavior and reasonable time limit for compliance with the terms of the injunction. The injunction shall remain in effect until superseded by decision of the President.

If the injunction is violated, the dean of the college (or designee), shall have the authority to impose immediate, temporary sanctions including, but not limited to, immediate suspension from the University.

2. Revisions

The president has the authority to make changes to the Code of Non- Academic Conduct or related procedures. Changes should be proposed to the dean of the college. The dean will consult with the members of the SJB and with the Student Life Committee about the proposed changes before forwarding recommendations to the president. If extensive changes appear warranted, the Student Life Committee should consider establishment of a mechanism for broadly eliciting opinion and advice from the community.

3. Judicial Records

Student judicial records are confidential and are maintained separately from official academic records. Judicial records are maintained for 6 years from the semester in which the case was adjudicated, at which time they are destroyed. To inspect their record, a student should make an appointment with the Clerk of the SJB. Students will have access to all official records and correspondence in the file. Except as required by law, information from the file cannot be released without the student�s permission.