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. Members of the University community are responsible
for the behavior of their guests while on University property.
Members of the University community who fail to ensure that the
conduct of a guest is lawful and in accordance with all local,
state, and federal laws as well as all University policies may be
subject to disciplinary action. It is them host’s responsibility
to familiarize the guest with pertinent University rules and
regulations.
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
or unintentional harassment may be punished more severely than nondiscriminatory
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. (See
University Policies—Sexual Misconduct Policy, page 33.)
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.
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 meet with Health
Services staff following their hospitalization 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. (University Policies)
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 students.
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 student services.
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 vice
president for student affairs, the dean of students, 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 students 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 students,
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 vice president
for student affairs 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 students 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
students 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.
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 students 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 student
services, 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 vice president
for student affairs (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 vice president for student affairs.. The
vice president 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 until such time as the student graduates
from the institution, 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.
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