II. The Code of Non-Academic Conduct
1. DISTURBANCE OF THE PEACE—The infringement upon the right to privacy of any member of the community is prohibited. Disorderly and disruptive conduct and/or the persistent disturbance 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, directed toward individuals or groups, may include at least the following forms: the 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/ASSAULT—Sexual misconduct, including, but not limited to, sexual assault, sexual exploitation, stalking and retaliation, is prohibited. (See University Policies—Sexual Misconduct and Assault, page 32.)
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 includes but is not limited to all tunnels, roofs, and areas under construction. This regulation prohibits the unauthorized appropriation or “borrowing” of common property for personal use.
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 any- where on university property is prohibited. Additional information about fire safety procedures may be found at wesleyan.edu/firesafety.
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. WEAPONS—Personal possession or use of operable firearms, air guns, or other weapons is prohibited on the Wesleyan campus or while participating in university activities.
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—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.
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. 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.
Protests, sit-ins, demonstrations, student strikes, and other forms of expressions also violate the Code of Non- Academic Conduct when they:
- Disrupt or obstruct curricular, co-curricular, or administrative/operational activities of the University
- Deny the rights of students, faculty, staff, or guests of the University
- Inhibit others from moving freely on any part of the University campus, property owned or leased by the University, or to areas where they desire or need to pursue their goals
- Disrupt the proper use of University offices or facilities
- Endanger the safety of any person on University property
- Destroy or damage property
- Violate statutory health and safety regulations
See wesleyan.edu/studentaffairs/studenthandbook/standardsregulations/universitypolicies/disruptions.html, University Policies-Disruptions, for further clarification and guidelines.
13. DRUGS AND ALCOHOL— The University prohibits underage and unlawful possession, use, abuse, 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. This includes the misuse or abuse of any medications prescribed by a physician to another individual. 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. Possession of open containers of alcohol is prohibited at all times and at all campus locations, except in private residential settings where the residents are of legal age or during registered events. In addition, the possession of an open container or consumption of alcohol on City property, streets, and sidewalks is prohibited by City ordinance.
Note: Members of the Wesleyan community who are of legal drinking age may consume alcohol on Foss Hill during daylight hours.
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 will typically not face a formal judicial hearing if they agree to meet with Health Services staff following their hospitalization and participate in any recommended educational assignments.
14. FAILURE TO COMPLY—Members of the community are expected to comply with reasonable 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. These include, but are not limited to, the policies outlined later in this booklet and available at wesleyan.edu/studentaffairs/studenthandbook/standardsregulations/universitypolicies/
A. 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) regardless of where the conduct occurs;
- If the violation, regardless of where the conduct occurs, calls into question the student’s suitability as a member of the university community or has the potential to adversely affect a member of the university community or the university itself.
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 de- pends 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.
- II. THE STUDENT JUDICIAL BOARD
A.COMPOSITION AND TENURE
- The voting membership of the Student Judicial Board (SJB) shall consist of ten undergraduate students, each serving a two-year term.
- 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.
- 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.
- Additional members may be selected to fill vacancies. They will serve for the duration of the unexpired term.
- 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.
- A voting member of the SJB may be removed from the board, for cause, by the dean of students. Complaints against a voting member of the SJB should be submitted to the dean of students.
- 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.
- The faculty advisors to the SJB will be appointed by the vice president for student affairs in consultation with the SJB and the Faculty Executive Committee. Faculty advisors will be expected to participate in SJB training.
- The voting members of the SJB shall select, with the approval of the dean of students, two co-chairs, each normally serving a one-year term.
- 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.
- 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. Cases involving allegations of sexual assault may not be referred for mediation and will be adjudicated by an administrative panel (see section IV.D.5. In all cases, the SJB shall determine the level of individual and/or group responsibility for the incident leading to the complaint.
- 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.
- 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 both the dean of students and the Student Life Committee, develop simplified procedures and may delegate the responsibilities for mediation or adjudication.
- In judicial matters, the SJB shall receive evidence, hear witnesses, determine if the respondent 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.
- 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 an administrative panel to determine the relevance, if any, of the prior sexual history of either party.
- 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.