Judicial Report and Case Summary, 2001-2002
June, 2002
To: The University Community
From: Student Judicial Board
Re: 2001-2002 Judicial Report and Case Summary
This report provides summary information pertaining to cases adjudicated
by the Student Judicial Board (SJB) during the 2001-2002 academic year. A
listing of the summaries of all the cases adjudicated by the SJB may be
found at the end of this report.
Judicial Violation Data
During this reporting period, there were 212 cases/incidents adjudicated
by the SJB involving 373 people and 490 alleged violations of the Code of
Non-Academic Conduct. This data represents a 5% decrease in the number of
cases adjudicated and an 8% increase in the number of violations compared to
the 2000-2001 academic year. During the current reporting period, 14% of our
student population was processed through the judicial system as a result of
alleged policy violations. Eleven percent of the individuals involved in
violations of policy during the reporting period are "repeat offenders" --
having at least one prior reported violation, or at least two separate
violations of policy during the reporting period. The percentage of repeat
offenders was relatively low during this reporting period. If this trend
continues, it may be a sign that the judicial process is helping students to
better understand their responsibilities under the Code of Non-Academic
Conduct. The following table provides comparative data on cases adjudicated
by the board over the past four years:
Student Judicial Board Cases
Comparative Data 1998-2002 |
| |
1998-1999 |
1999-2000 |
2000-2001 |
2001-2002 |
| Cases |
109 |
147 |
223 |
212 |
| Violations |
207 |
244 |
453 |
490 |
| People Charged |
71 |
231 |
340 |
373 |
| % Found in Violation |
77 |
82 |
84 |
77 |
| % Acquitted |
23 |
18 |
16 |
23 |
| % Repeat Offenders |
20 |
35 |
23 |
11 |
Of the violations that occurred during this reporting period, 33% were
for alcohol/drug policy violations, 15% were for violations of departmental
regulations, and 14% were for property violations. The most common
violations during the 2001-2002 reporting period are indicated below:
Most Common Violations (Summary)
2001-2002 |
| Violation |
# of Violations |
| Alcohol/Drug |
161 |
| Departmental Regulations |
72 |
| Property |
68 |
| Privacy & Tranquillity |
55 |
| Failure to Comply |
53 |
| False Information |
27 |
This data indicates that the number of alcohol/drug violations has
decreased by 9% compared to last year. This decrease is somewhat unexpected
and may be attributed to the increased attention to, and campus dialogue
about, the University's alcohol policy in the aftermath of the Spring 2001
Alcohol and Other Drug (AOD) Task Force report. During this reporting
period, there were a total of 144 alcohol policy violations (54% of these
were underage possession/consumption violations), and 17 drug violations.
Alcohol was a factor in 56% of the cases adjudicated by the Board.
The number of departmental regulations violations increased significantly
during this period. Most of these cases involved violations of the social
event ("party") policy. The incidence of vandalism on campus was consistent
with levels observed in prior years, but the increase in the number of
property violations may be attributed to students being in restricted areas
(i.e. construction sites) without authorization. The behavioral standards
for wood frame houses that were implemented last year, seem to be effective
in helping students to be more cognizant of their obligations as neighbors
to others students and Middletown residents - the number of privacy &
tranquillity violations dropped by 10% this year.
Comparative Violation Data
2000-2001, 2001-2002 |
| Violation Type |
2000-2001 |
2001-2002 |
% Change |
| Alcohol/Drug |
177 |
161 |
-9% |
| Departmental Regulations |
57 |
72 |
+26% |
| Property |
69 |
68 |
-1% |
| Privacy & Tranquillity |
61 |
55 |
-10% |
| Failure to Comply |
N/A* |
53 |
N/A |
| False Information |
35 |
27 |
-23% |
| Total Violations |
453 |
490 |
+8% |
| * Prior to the current reporting period, "Failure to
Comply" was a subsection of the "Departmental Regulations" regulation. |
Judicial Sanction Data
In response to these violations, the SJB has continued to employ a
combination of punitive and educational sanctions. Sanctioning tends to be
progressive in nature. That is, a minor violation by a first-time offender
will typically result in a disciplinary warning; a second violation results
in disciplinary probation; and so on. The distribution of sanctions given
during the reporting period is as follows:
| Sanctions Issued 2001-2002 |
| Sanction Type |
# of Sanctions |
| Disciplinary Warning |
162
(36%) |
| Disciplinary Probation |
62
(14%) |
| Community Service |
37
(8%) |
| Referral to Health Center |
37
(8%) |
| Restitution/Fines |
14
(3%) |
| Suspension/Expulsion |
6
(1%) |
| Total |
450 |
This distribution of sanctions is consistent with previous reporting
periods. During this period, the Board implemented a simplified procedure to
address minor, first-time alcohol violations. This procedure was effective
in reducing the number of hearings conducted by the Board, and decreasing
the amount of time needed to resolve minor alcohol cases. The Clerk of the
SJB also began sending judicial letters electronically during this reporting
period in order to improve response time and efficiency of the office.
Four of the suspensions issued during the current reporting period were
issued to students involved in physical assaults. The remaining two
suspensions were issued to students who were driving under the influence of
alcohol on and adjacent to campus.
With respect to alcohol and drug violations, the Board has continued the
utilize the following general sanctioning guidelines for AOD violations:
- First Offense
- For minor violations, the student may receive a disciplinary
warning. For serious violations, the student may receive sanctions as
outlined under "Second Offense".
- Second Offense
- The student may receive a period of disciplinary probation, an
educational assignment, and parental notification.
- Third Offense
- If such an offense occurs during the probationary period, the
student may be suspended for at least one semester. If the offense
occurs after the probationary period, the student may receive an
extended period of disciplinary probation, an educational assignment and
community service.
A summary of each of the cases adjudicated by the Board during the
2001-2002 academic year follows this portion of the report. These summaries
are presented in an effort to share information about the types of cases,
violations, findings, and sanctions issued by the SJB during the reporting
period. If you have any questions regarding this report, please contact the
Office of the Dean of Student Services in North College.
2001-2002 Case Summaries (listed by regulation)
Regulation 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. (Note: A total of three complaints made to Public
Safety about noise from a particular site, whether accumulated on a single
date or over several dates, typically results in judicial charges.)
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 1 of the Code. It was alleged that the
students received noise complaints on numerous occasions. The Board found
the students responsible for 2 of the 3 noise complaints, and therefore
found the group not in violation of the Code.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 1 of the Code. It was alleged that the group
received 3 noise complaints. The Board found the students responsible for 2
of the 3, and therefore found them not in violation of the Code.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 1 of the Code. The Board found one of the
noise complaints not to be legitimate, and therefore found the group not in
violation.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 1 of the Code. It was alleged that the
students violated the peace and tranquility on 3 separate instances. The
Board did not find the students in violation as they believed that only one
of the incidents was supported by the reports submitted.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulations 1 and 15 of the Code. It was alleged that
the students received 3 noise complaints, and that during one of these
instances, more than 50 people were present at the group's home, although no
party form had been filed. The Board found the students not in violation for
1 of the 3 noise complaints, and not in violation of Regulations 1 and 15.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 1 of the Code. It was alleged that the
students received 3 noise complaints. The Board found the students in
violation of the Code, recommended disciplinary warning for them, and warned
them of possible relocation should more noise complaints be filed against
them.
In a simplified hearing, the Board considered an allegation that 2
students violated Regulations 1, 2 and 14 of the Code. It was alleged that
a) the students had a musical performance on North Field, which elicited 3
noise complaints; b) the students were verbally abusive towards Public
Safety; and c) the students refused to cooperate with Public Safety's
request that they stop the performance. The Board found the students not in
violation of Regulation 1 because the performance took place in a secluded
area, not late at night. The Board found the students not in violation of
Regulation 2 because the abusive actions were from the unruly crowd and not
the two students brought before the Board. The Board found the students in
violation of Regulation 14 because they failed to comply with Public
Safety's request to stop the music. As a sanction, the Board recommended
that the students be placed on disciplinary probation for the remainder of
the semester.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulations 1 and 13 of the Code. It was alleged that
the students received 3 noise complaints, and hosted an alcohol-free event
at which they served alcoholic beverages. The Board found the students in
violation and recommended that they be issued a letter of warning.
In a simplified hearing, the Board considered an allegation that two
students had violated Regulations 1 and 15 of the Code. Specifically, it was
alleged that these students threw a party that violated the party policy.
The Board found the students in violation and placed them on probation until
the end of the semester.
In a simplified hearing, the Board considered an allegation that several
students had violated Regulation 1 of the Code. Specifically, it was alleged
that the students threw a loud party that disturbed a neighbor. The Board
found that the students did indeed violate the Code, as the charges were
uncontested. As a sanction, the Board recommended that: a) two students who
had no prior history of violation be given a disciplinary warning and
perform two hours of community service; and b) two students who had already
been given warning be placed on probation until the end of the Fall 2002
semester, and perform two hours of community service.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 1 of the Code. Specifically, Public Safety
had responded to confirmed loud noise/music on three occasions at a house.
The Board found the students not in violation.
Regulation 2 - Harassment and Abuse Harassment and abuse,
directed toward individuals or groups, may include at least the following
terms: the use or threat of physical violence, coercion, intimidation, and
verbal harassment and abuse. Harassment and abuse may be discriminatory or
may be nondiscriminatory. Although all forms of harassment and abuse-both
discriminatory and nondiscriminatory-are equally prohibited. Wesleyan
University's commitment to nondiscrimination means that discriminatory may
be punished more severely than nondiscriminatory forms of harassment.
In a simplified hearing, the Board considered an allegation that student
A violated Regulation 2 of the Code. It was alleged that student A urged
student B to flee from a Public Safety officer who was attempting to
question student B. The Board found student A not in violation.
In a full hearing, the Board considered an allegation that six students
violated Regulation 2 of the Code. It was alleged that the six were engaged
in a physical altercation. The Board did not believe there was enough
evidence to support finding students A and B in violation. The Board found
students C, D, E, and F in violation. As a sanction, the Board recommended
that student C be suspended for the term Spring '02, be placed on probation
for one year, and be assigned 20 hours of community service. Students D and
E were suspended for Spring '02. Student F was suspended for Spring '02 and
was placed on probation for the following semester. Students C, D, E, and F
were all encouraged to seek counseling for anger management.
In a simplified hearing, the Board considered an allegation that student
A violated Regulations 2, 5, and 14 of the Code. It was alleged the student
A was fighting with a non Wesleyan student; when student A was asked to
provide his Wes ID, the student presented another person's ID. The Board
found student A in violation of Regulation 5, for having presented false
identification. As a sanction, the Board recommended that student A be
issued a letter of disciplinary warning. The Board found student A not in
violation of Regulations 2 and 14 because the students were "play-fighting",
and because the students were not aware that Public Safety was calling them
due to the noisy environment.
In a full hearing, the Board considered an allegation that a student
violated Regulations 2 and 14 of the Code. The Board found the student in
violation of Regulation 14, because the student did not leave the scene of
the incident despite repeated requests, but not in violation of Regulation
2. As a sanction, the Board recommended that the student receive a
disciplinary warning.
In a full hearing, the Board considered an allegation that a student
violated Regulation 2 of the Code. It was alleged that the student verbally
harassed and cursed at Public Safety officers when they attempted to
disperse a large party. Although the student denied the charge, the Board
found the student in violation, based on the documentation in the Public
Safety report. As sanctions, the Board recommended that the student be
placed on disciplinary probation for the remainder of the semester and for
Spring '02, and that the student complete ten hours of community service
with the Public Safety officer.
In a simplified hearing, the Board considered an allegation that student
A violated Regulations 2 and 14 of the Code. It was alleged that student A
was "sucker punched" by person B, and then threatened to kill person B. In
addition, student A failed to comply with Public Safety's request to calm
down and to leave the scene of the incident. The Board found student A in
violation of Regulation 14 but not in violation of Regulation 2. As a
sanction, the Board recommended that the student be issued a disciplinary
warning.
In a full hearing, the Board considered an allegation that student A had
violated Regulations 2, 3, and 4 of the Code, and students B and C had
violated Regulations 2 and 4. Specifically, it was alleged that student A
threatened student C with verbally abusive language of a sexual nature,
harmed student C physically, and stole student C's property. It was also
alleged that student B verbally abused student C and stole student C's
property. Finally, it was alleged that student C harmed student A physically
and threatened student B and C with verbally abusive language. The Board
found Student A not in violation for Regulations 3 and 4 because there was
not enough evidence, and in violation for regulation 2. As a sanction the
Board recommended that student A be placed on probation until Spring '03, be
referred to Office of Behavioral Health, and complete 40 hours of community
service Fall '02. The Board found student B in violation for regulation 2
because there was evidence that student B did verbally abuse student C, the
student was not in violation of regulation 4 because there was not enough
evidence. For a sanction the Board recommended that student B be placed on
probation until spring '02, and complete 20 hours of community service. The
Board found student C in violation of regulation 2 because student C did
threaten student A and B with abusive language; student C was not in
violation of regulation 4 because there was not enough evidence. As a
sanction the Board recommended probation until Spring '03 and referral to
the Office of Behavioral Health.
In a full hearing, the Board considered an allegation that student A
violated Regulations 2, 5, and 14 of the Code. It was alleged that student A
physically assaulted student B, and then provided false information to
Public Safety, by denying involvement in the assault. The Board found
student A in violation of Regulations 2 and 5, but not in violation of
Regulation 14, since student A complied with Public Safety's requests. As
sanctions, the Board recommended that student A be placed on disciplinary
probation until the end of Spring '03, and that student A complete 25 hours
of community service by the end of Spring '02. The Board also recommended
that student A continue counseling at the Office of Behavioral Health.
In a full hearing, the Board considered an allegation that a student had
violated Regulation 2 of the Code. Specifically, it was alleged that student
A was physically abusive to student B by pushing and spilling a drink on
student B. The Board found that student A had indeed violated the regulation
insofar as it prohibits intimidation. Because of this incident and a history
of minor violations, the Board recommended that student A be placed on
disciplinary probation through 5/31/04 and perform 25 hours of community
service.
Regulation 3 - Sexual Abuse Sexual abuse, including, but not
limited to, sexual harassment, coercion, and threats or use of force, is
prohibited (see "University Policies-- Sexual Harassment" on page 114 of
handbook).
In a full hearing, the Board considered an allegation that a student
violated Regulation 3 of the Code. The Board found that the student had
indeed violated the Regulation, and as sanction recommended that the student
receive a letter of warning.
Regulation 4 - Property The unauthorized use, or the abuse,
destruction, or theft of property of the University or any of its members,
guests, or neighbors is prohibited. This regulation covers the unauthorized
appropriation or "borrowing" of common property for personal use. It also
covers unauthorized use, abuse, destruction, or theft of property in
Wesleyan's care or custody, such as materials covered by copyright or by
specific agreements between the owner and Wesleyan.
In a full hearing, the Board considered an allegation that students A, B,
C, D, and E violated Regulations 4 and 12 of the Code. In addition, student
A was alleged to have violated Regulations 5 and 16. It was alleged that the
students had violated provisions of an SJB injunction, vandalized property,
and disrupted educational and institutional processes. The Board found
student A in violation of Regulations 4, 5, 12, and 16. The Board found
students B, C, D, and E in violation of Regulations 4 and 12. As sanctions,
the Board recommended reimbursement in connection with the vandalized
property, placing the students on probation until the end of the academic
year, and assigning the students community service (ranging from 10-50
hours).
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 of the Code. It was alleged that the student
was in a University building without permission after the building's
operating hours. The Board found the student in violation and recommended
disciplinary warning as sanction.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 4 of the Code. Specifically, it was alleged
that student A set off an alarm and was caught in room over break. The
student pled in violation and the Board recommended a disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 4 of the Code. Specifically, it was alleged
that student A and student B stole two leather chairs from the University.
The Board found that students A and B had indeed violated the code because
they had indeed taken the two chairs. As a sanction the Board recommended a
disciplinary warning. Chairs were returned.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 4 of the Code. Specifically, it was alleged
that the student had stolen wood from a construction site on campus clearly
marked "Danger" and "No Trespassing." The Board found the student in
violation because of his admission and a detailed report from Public Safety,
which the student did not disagree with. As a sanction, the Board
recommended a disciplinary warning.
In a full hearing, the Board considered an allegation that a student
organization had violated Regulations 4, 13f, and 15 of the Code.
Specifically, it was alleged that the organization registered a party as a
non-alcoholic event but served alcohol at that party and then left a big
mess for janitors to clean up the next morning. The Board found that the
organization had indeed violated regulations 13f and 15 because these
violations were acknowledged by the accused. However, the Board found that
failing to clean up a mess by the next morning did not constitute a property
violation under regulation 4. As a sanction the Board recommended that the
organization be placed on disciplinary probation until the end of the fall
'02 semester, without stripping the organization of its host privileges.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 of the Code. Specifically, it was alleged that
student A and B had trespassed a prohibited area on campus. The Board found
that students A and B were in violation of the code after they admitted to
violating the code and based upon the evidence. As a sanction the Board
recommended disciplinary warning.
In a simplified hearing, the Board considered an allegation that three
students violated Regulation 4 of the Code. Specifically, it was alleged
that the three students had been spray-painting the walls of residence halls
tunnels. The Board found the students in violation because of the weight of
the evidence against them. As sanctions, the students were given
disciplinary warnings.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 and 14 of the Code. Specifically, it was
alleged that Student A was in Olin Library after hours and did not
immediately give Public Safety his ID when he was asked to show it. The
Board found that student A had indeed violated the Code based on Public
Safety's account. As a sanction student A was given a disciplinary warning.
In a simplified hearing, the Board considered an allegation that two
students violated Regulation 4 of the Code. Specifically, it was alleged
that the two students were in Olin Library after hours. One student agreed
that they were in the library after hours. The Board recommended that the
students be placed on disciplinary warning. The other student said she
didn't know the library closed at 2 pm and wasn't in violation. The Board
found her in violation because there are signs stating the hours of the
library. The Board recommended disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 of the Code. Specifically, it was alleged that
the student had set off the alarms in a residence hall. The Board found the
student in violation upon her own admission. As a sanction, the Board
recommended disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 of the Code. Specifically, it was alleged that
student A had set off a burglar alarm when trying to enter his residence
over winter break. The Board found that student A had violated the code
because he admitted to being in his residence when he was not authorized to
do so. As a sanction the Board recommended disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 of the Code. Specifically, it was alleged that
student A broke into his/her residence during winter break. The Board found
that student A had indeed violated the code because the evidence was clear
and uncontested. As a sanction, the Board recommended that the student
perform three hours of community service by the end of the '02 spring
semester, because the student had already received a disciplinary warning
prior to the incident.
In a simplified hearing, the Board considered an allegation that two
students violated Regulations 4, 14, and 15 of the Code. Specifically, it
was alleged that the students broke into their residence over winter break
to retrieve an item and in the process, damaged their door. The Board found
that the students had indeed entered the premises but probably did not
damage their door. As a sanction the Board recommended that the students
receive a disciplinary warning.
In a simplified hearing, the Board considered an allegation that three
students had violated regulation 4 of the Code. Specifically, it was alleged
that students A, B and C had been in a University building after its closing
time. The Board found students A, B and C in violation because their actions
constituted unauthorized use of University property. The Board recommended
that students A, B and C receive disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 4 of the code of non-academic conduct.
Specifically, it was alleged that the student entered a residence hall
during break when the halls were closed. The student did not contest the
charge and was found in violation by the Board. The Board recommended that
the student be given disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 4 of the Code of Non-Academic Conduct.
Specifically, it was alleged that the student had entered a residence hall
illegally and set off the burglar alarm. The SJB found him in violation
based upon his own plea of "in violation." As a sanction, the Board
recommended that the student be disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 4 of the Code involving stolen property. The
Board found that the student had not violated regulation 4, as it was his
friend who stole the amplifier. The Board recommended that the student's
friend be banned from campus.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 4 of the Code. Specifically, it was alleged
that student A entered University property without permission during winter
break. The Board found that Student A had indeed violated the Code because
he had entered the building without authorization. As a sanction the Board
recommended that student A receive disciplinary warning.
In a full hearing, the Board considered an allegation that student A
violated Regulation 4 and 14 of the Code. Specifically, it was alleged that
student A broke into Student B's room and stole hundreds of dollars worth of
items. Also, it was alleged that student A violated a University order
instructing student A not to contact student B. The Board found student A
had indeed violated both regulations-14 because there was essentially no
question that student A willfully contacted Student B through a friend,
which violated the order; 4-because there also was no question that student
A took student B's property. The question was whether the theft was a prank,
which may have implications for sanctioning. As a sanction, the Board
recommended that student A be placed on disciplinary probation; perform 100
hours of community service by May 31, 2002; be prohibited from all official
senior events, including senior cocktails, senior week, and graduation
ceremonies; be required to leave campus within 24 hours of his last exam;
and be prohibited from returning to campus until June 1, 2002.
Regulation 5 - False Information Knowingly furnishing false
information to a University officer or member of any hearing Board acting in
performance of his/her duties is prohibited, as is the failure to provide
University personnel with adequate identification upon request.
In a simplified hearing, the Board considered an allegation that a
student violated Regulations 5, 13, and 14 of the Code. It was alleged that
student A consumed alcohol underage, and presented a false ID to Public
Safety. The Board found student A in violation of the Regulations, as the
student admitted to guilt. As sanctions, the Board recommended that student
A write a letter of apology to the Public Safety officer and that the
student receive a disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student violated Regulations 5 and 13 of the Code. The Board found that the
student had indeed violated these Regulations. As sanctions, the Board
recommended that the student receive a disciplinary warning and write a
letter of apology to the Public Safety officer who reported the incident.
In a simplified hearing, the Board considered an allegation that a
student violated Regulations 5, 13 and 15 of the Code. The Board found the
student in violation, and as sanction recommended that the student be placed
on disciplinary probation for the remainder of the academic year.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulations 5, 13, and 14 of the Code. The student was
found in violation of regulation 5 by initially lying to the Public Safety
officer. The student was also found in violation of Regulation 13 as she
admitted to purchasing alcohol underage. She was not found in violation of
Regulation 14. As a sanction the Board recommended that the student receive
disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student and an organization violated Regulation 5 of the code of
non-academic conduct. Specifically, it was alleged that student A and
organization B provided false information to public safety and to the
Student Judicial Board. The Board found student A and organization B in
violation. As a sanction, the Board recommended that student A be placed on
probation until the end of spring 02' and organization B be placed on
probation until the end of spring 02'.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 5 and 14. Specifically, it was alleged that
student A verbally gave public safety false information about a Wesleyan
student being his guest from home. The Board found the student not in
violation because the student never provided false information. His friend
provided the false information and he was never questioned by the public
safety officer.
In a full hearing, the Board considered an allegation that a student had
violated Regulations 5 and 13 of the Code. Specifically, it was alleged that
the student had been recklessly driving around campus under the influence of
alcohol, endangering students walking on street sidewalks. In addition, it
was also alleged that the student had initially refused to present
identification upon request of Public Safety, and had initially told Public
Safety that he hadn't been the driver of the vehicle in question. The Board
found the student in violation of both regulations. As a sanction, the Board
recommended suspension for the Fall 2002 semester. The Board also
recommended that the student provide verification that he has seen a
counselor regarding his problems with alcohol.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 5, 13b, 13d and 14 of the Code. The Board
found that the student had indeed violated all regulations and as a sanction
recommended a disciplinary warning.
Regulation 6 - Misuse of Documents Forgery, alteration, or the
unauthorized possession or use of University documents, records or
instruments of identification is prohibited.
Regulation 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.
Regulation 8 - Fire Protection Systems Tampering with fire
extinguishers, fire alarm boxes, or smoke or heat detectors anywhere on
University property is prohibited.
Regulation 9 - Restricted Items/Fire Hazards The possession or
use of items designated as fire hazards is prohibited within any
University-owned or operated facility. See page 103 of Student Handbook.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulations 9 and 14 of the Code. It was alleged that
the students were setting off fireworks, and failed to open the door when
Public Safety knocked. The Board found two of the students in violation of
Regulation 9, and none of the students in violation of Regulation 14. As a
sanction the Board recommended that the two students be issued a
disciplinary warning.
In a simplified hearing, the Board considered an allegation that three
students had violated Regulation 9d of the Code. Specifically, it was
alleged that students A, B, and C were setting off fireworks at Andrus
Field. The Board found students A and B had violated the Code as they had
indeed set off fireworks. The Board found student C not in violation as
there was not enough evidence that the student had violated the Code. As a
sanction the Board recommended that students A and B be issued a
disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 9c of the Code, specifically it was alleged
that the student was not in compliance with the fire safety regulations in
the residence hall. The student had a toaster and a coffee maker. The
student was sleeping when someone used the oven and didn't turn it off. A
fire broke out in the oven and the smoke set of alarms around the residence
hall. The Board found the student in violation based on the belief that it
was the unauthorized toaster which caused the damage and the fire in her
room. The Board recommended that the student reimburse for the cost of the
fire marshall and be placed on disciplinary warning.
In a full hearing, the Board considered an allegation that a student had
violated Regulations 9 and 13b of the Code. Specifically, it was alleged
that the student who is underage was drinking alcohol and set off a bottle
rocket in a dormitory. The Board found that the student had indeed violated
the code, as the student accepted responsibility. As a sanction, the Board
recommended that the student be placed on disciplinary probation until May
31, 2003; be required to meet with a counselor at Behavioral Health by the
end of spring semester, 2002; complete 50 hours of community service by
August 15, 2002; and contribute $25 to the Good Clean Fund.
In a simplified hearing, the Board considered an allegation that 4
students had violated Regulations 9d and 13a of the Code. Specifically, it
was alleged that four students set off fireworks on Foss Hill and were in
possession of empty alcohol bottles while under age. The Board found that
the students had indeed set off the fireworks, but there was insufficient
evidence to suggest they had actually consumed alcohol. As a sanction the
Board gave three of the students probation until the end of fall '02; the
Board gave one student probation until the end of spring '03 because that
student had previously been found in violation of the Code for regulation 4.
Regulation 10 - Parking Parking is prohibited in areas marked
"tow zone," on all sidewalks, lawns, terraces, breezeways, loading areas,
and in any other University-designated restricted areas.
Regulation 11 - Pets Uncaged pets are not allowed in any
University housing facility, including unfurnished rentals. In addition,
pets are not permitted in such University facilities as classrooms,
libraries, offices, laboratories, studios, sports facilities, food service
areas, administrative spaces, and public meeting areas.
Regulation 12 - Disruptions The ground rules for political
freedom on campus are excerpted from the "Academic Freedom and Civil
Liberties of Students in College and University" booklet, published by the
American Civil Liberties Union in 1970. See page 104 of Student Handbook for
relevant excerpt.
Regulation 13 - Drugs and Alcohol The University prohibits the
unlawful possession, use, or distribution of illicit drugs and alcohol. See
the Student Handbook, p. 104 for details.
In a simplified hearing, the Board considered an allegation that two
students violated Regulation 13b of the Code. The Board found the students
not in violation, because of insufficient evidence.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 13 of the Code. The Board found that the student
had indeed violated the Code, and recommended that the student receive a
disciplinary warning.
In a simplified hearing, the Board considered an allegation that eight
students violated Regulation 13 of the Code. It was alleged the students had
been in possession of alcohol. The Board found the students not in
violation.
In a simplified hearing, the Board considered an allegation that five
students violated Regulations 13 and 15 of the Code. It was alleged that the
students held a non-registered party with more than 49 guests in attendance.
The Board found the students in violation of Regulation 15 because there
were clearly more than 49 people present, and no attempts were made to clear
the area. The Board found the students not in violation of Regulation 13. As
sanction, the Board recommended that the students be put on disciplinary
probation for the rest of the semester.
In a simplified hearing, the Board considered an allegation that three
students violated Regulation 13c of the Code. The Board found the students
in violation. As a sanction, the Board recommended disciplinary warning to
two of the students. The third student was assigned three hours of community
service to be completed by the end of the semester.
In a simplified hearing, the Board considered an allegation that a
student violated Regulations 13 and 14 of the Code. The student, who was
underage, was found to be under the influence of alcohol. The Board
therefore found the student to be in violation of Regulation 13, but not in
violation of Regulation 14. As a sanction, the Board recommended a
disciplinary warning, since this was a first-time offense.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 13 of the Code. It was alleged that the
under-aged students were in possession of alcohol. The Board found the
students in violation, and recommended that they be issued a disciplinary
warning.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 13 of the Code. It was alleged that the underage
student was in possession of alcohol. The Board found the student in
violation, and recommended that the student be placed on disciplinary
probation until the student turns 21, and that the student complete 20 hours
of community service by the end of the 2001/2002 academic year.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 13 of the Code. It was alleged that the student
was in possession of a marijuana bong and two pipes. The Board found the
student in violation, as the student admitted guilt. As a sanction, the
Board recommended that the student be placed on disciplinary probation for
the remainder of the fall 2001 semester.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 13 of the Code. It was alleged that the student
was in possession of alcohol, and drove under the influence. The Board found
the student in violation, as the student admitted responsibility. As
sanctions, the Board recommended disciplinary probation until the student's
21st birthday, and referral to the Office of Behavioral Health.
In a simplified hearing, the Board considered an allegation that 2
students had violated Regulation 13b of the Code. Student A was found in
violation because he pled in violation. As a sanction the Board recommended
a disciplinary warning. Student B, who did not attend the hearing, was not
found in violation due to lack of evidence.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13 of the Code. Specifically, it was alleged
that 2 students who are underage were taking part in drinking games with
alcohol. The students were never around the alcohol or observed possessing
alcohol. The Public Safety report never mentioned them as being involved
with the game. The Board did not find them in violation.
In a simplified hearing, the Board considered an allegation that student
A had violated Regulation 13 of the Code. Specifically, it was alleged that
student A was consuming alcohol and was under 21 years of age. As a
sanction, the Board recommended that student A disciplinary warning.
In a full hearing, the Board considered an allegation that a student had
violated Regulation 13 of the Code. Specifically, it was alleged that
student A had violated the code based upon the evidence that the student was
in possession of marijuana. As a sanction, the Board recommended that
student A be placed on disciplinary probation until the end of spring 03',
complete 100 hours of community service by the beginning of Fall 02', and
continue seeing a therapist.
In a full hearing, the Board considered an allegation that a student had
violated Regulation 13c and 13f of the Code. Specifically, it was alleged
that a student had purchased and been responsible for kegs at a party that
had been registered as alcohol-free. Party guests, including minors,
allegedly drank from the keg. The Board found that the student had indeed
violated both regulations-13f-because the student knowingly furnished
alcohol to numerous guests on fraternity property, even though the student
lacked a permit-and 13c-because the student supplied alcohol to minors. As a
sanction, the Board recommended that the student be placed on disciplinary
probation through May 2002.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulations 13 and 14. Specifically, it was alleged
that an underage student was observed to be in possession of alcohol.
Thereafter, the student entered his room and would not open the door upon
being requested to do so by a Public Safety Officer. The Board did not find
him in violation because Public Safety did not positively ID him.
In a full hearing, the Board considered an allegation that a student had
violated Regulation 13g of the Code. Specifically it was alleged that
student A was driving under the influence of alcohol. The Board found that
student A had indeed violated the Code because student A had been driving
under the influence of alcohol. As a sanction the Board recommended that the
student be suspended for Fall '02.
In a simplified hearing, the Board considered an allegation that two
students had violated Regulation 13A and that one of the students violated
Regulation 4. It was alleged that student A broke into his Intown house and
set off a burglar alarm. Upon arrival, Public Safety and Middletown Police
observed a bong in plain view. Student A was in his room and public safety
asked him if there was any other drug paraphernalia in the house. Student A
brought out two other pipes and all pipes tested positive for drug residue.
The Board found student A in violation as he had broke into Intown and
handed over the pipes which tested positive. As a sanction, the board
recommended a disciplinary warning. Student B was found not in violation
because he was home during break and was not involved in the incident.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b and 14 of the Code. The Board found that
the student had indeed violated Regulation 13b but did not violate
Regulation 14. As a sanction, the Board recommended a disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b of the Code. Specifically, it was
alleged that alcohol was found in a duffel bag of an under-aged student. The
bag was in plain view and was used to prop open a door in a residence hall.
The Board found the student in violation. As a sanction, the Board
recommended 5 hours of community service to be completed before the end of
Spring '02.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13 of the Code. Specifically, it was alleged
that the underage student was in possession of alcohol. The Board found that
the student was not in violation because the documentation from Public
Safety did not identify this student.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b and 14 of the Code. Specifically, it was
alleged that an underage student was in possession of alcohol and that he
told public safety the beer was his and then said it wasn't. The Board found
the student responsible for 13b and not for 14 because the student stated it
wasn't his but he would take responsibility. As a sanction, the Board
recommended that the student be placed on disciplinary probation until the
end of spring '03.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b of the Code. Specifically, it was
alleged that student A was underage and in possession of alcohol. The Board
found that student A had violated the Code because Public Safety saw him
with the alcohol. As a sanction the Board recommended that student A receive
a disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13 of the Code. Specifically, he was caught
with a cup of beer. The Board found him in violation and sanctioned him to
two hours of community service in addition to getting a disciplinary
warning. The community service must be completed by the end of final exams
in the spring '02 semester.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b of the Code. Specifically, it was
alleged that student A was drinking while underage. The Board found that
student A had violated the code based upon the documentation in the Public
Safety reports and the student did not attend the hearing to contest the
charges. As a sanction the Board recommended that the student be put on
probation until the end of spring '02 and be given 5 hours of community
service which are to be completed by the end of exam period of spring '02.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b of the Code. Specifically, it was
alleged that the student, who is not yet 21 years of age, was in possession
of alcohol. The Board found the student in violation and recommended a
disciplinary warning as a sanction.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13f of the Code. Specifically, it was
alleged that student A was distributing alcohol without a liquor permit. The
Board found that the student was in violation of the Code. Because the
student admitted violating the code, and there was enough documentation from
the public safety report. As a sanction the Board recommended that the
student receive a disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13b of the Code. The student was picked up
by Middletown Police (the officer knew the student as a freshman) and cited
for possession of a 30 pack of Busch Beer and a 30 pack of Coors Beer. The
Board found the student in violation and recommended that the student be
placed on disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 13 and 14 of the Code. Specifically, it was
alleged that student A refused a medical assessment for intoxication. The
Board found that student A had indeed violated the code because there is
enough evidence from the public safety report and the student did not show
up at the hearing. As a sanction the Board recommended that the student
receive a disciplinary warning.
Regulation 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.
In a simplified hearing, the Board considered an allegation that student
A violated Regulation 14 of the Code. It was alleged that student A failed
to cooperate with a Public Safety officer during the officer's investigation
of a possible drug violation. In the incident, two students fled into
student A's room. It was alleged that, for several minutes, student A failed
to comply with Public Safety's request to open the door. The Board found
student A not in violation: apparently, student A had just woken up and
therefore did not willfully fail to comply.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 14 of the Code. It was alleged that the student
failed to comply with a request made by a Public Safety officer in order to
defuse a hostile situation. The Board found the student in violation and
recommended a disciplinary warning as sanction.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 14 of the Code. It was alleged that the
students failed to open their door when Public Safety knocked. The Board
found the students not to be in violation of the Code, since it was found
that they were not home at the time of the incident.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 14 of the Code. Specifically, it was alleged
that the student was interfering with Public Safety during an ID check. The
student was found in violation and the Board recommended a disciplinary
warning.
In a simplified hearing, the Board considered an allegation that student
A had violated Regulation 14 of the Code. Specifically, it was alleged that
student A refused to cooperate with Public Safety Officers by failing to
give them her I.D and other information when they came to break up a party
in her room. The Board found that student A had indeed violated the Code
based on her own admission. The Board recommended she receive a disciplinary
warning.
In a simplified hearing, the Board considered an allegation that four
students had violated Regulation 14 of the Code. Specifically, it was
alleged that students A, B, C and D refused to comply with Public Safety
officer's requests. The Board found students A, B, C and D had not violated
the code because there was no evidence that they had not complied with
public safety.
In a simplified hearing, the Board considered an allegation that a
student failed to comply with Public Safety-Regulation 14-by refusing to
give his ID. The officer had entered his room because of a loud noise. The
Board found that student A had indeed violated the Code because student A
did not give the Public Safety officer his ID. As a sanction, the Board
recommended that student A receive a disciplinary of warning.
In a simplified hearing, the Board considered an allegation that students
had violated Regulation 14 and 15 of the Code. Specifically, it was alleged
that the students had not complied with Public Safety and the Physical
Education Department rules. The Board found that the students were not in
violation because it was not explicitly expressed to them that they did not
have permission to proceed with their action; either from Public Safety or
the Physical Education department.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 14 of the Code. Specifically, it was alleged
that the student lied to Public Safety, claiming to be 21 and to own alcohol
that may not in fact have belonged to the student. The Board found that the
student did not violate the code, because the student was in fact 22 years
old and there is no clear evidence that the alcohol did not belong to the
student.
Regulation 15 - Department Regulations Members of the community
are expected to abide by duly established and promulgated nonacademic
regulations. This is intended to cover the operating regulations of academic
or nonacademic offices, laboratories, and departments.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 15 of the Code. It was alleged that student A
hosted an unregistered social event in a wood-framed house. Student A was
found not to be in violation of the Code because the guests had congregated
in the yard without an invitation, and because the student assisted Public
Safety in dispersing the crowd.
In a simplified hearing, the Board considered an allegation that two
students violated Regulation 15 of the Code. It was alleged that the
students held an unregistered social event at which more than 50 guests were
in attendance. The Board found the two students not in violation of the
charge.
In a simplified hearing, the Board considered an allegation that a
University organization had violated Regulation 15 of the Code.
Specifically, it was alleged that this organization had violated the social
event policy by hosting an unregistered party of about 70 individuals. The
Board found that the organization had indeed violated regulation 15. As a
sanction the Board recommended a suspension of party privileges until Oct.
31, 2002.
In a simplified hearing, the Board considered an allegation that a group
of students violated Regulation 15 of the Code. It was alleged that the
students held an unregistered social event, to which more than the allowed
number of guests attended. The Board found the students not in violation.
In a simplified hearing, the Board considered an allegation that two
students violated Regulation 15 of the Code. It was alleged that a fight
took place at a party hosted by the two students. Subsequent investigation
revealed that the Party Policy had been violated, since student IDs were
neither checked nor held at the door. The Board found the two students not
in violation because they had made every effort to secure all exits from the
venue aside from the main entrance where checks were being made.
In a simplified hearing, the Board considered an allegation that student
A violated Regulation 15 of the Code. It was alleged that student A entered
the Clark Hall construction site without permission. The Board found student
A in violation of the regulation. As a sanction, the Board recommended
disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student organization violated Regulation 15 of the Code. It was alleged that
Public Safety noticed more than 50 people present at a non-registered party.
The Board agreed with Public Safety's assessment of the situation, and found
the organization in violation. As a sanction, the Board placed the
organization on probation for the rest of the first semester.
In a simplified hearing, the Board considered an allegation that a
student violated Regulation 15 of the Code. It was alleged that the student
held an unregistered social event in a wood-framed house, and approximately
100 people attended. The Board found the student in violation, because the
number of guests present exceeded the limit allowed for unregistered events.
As a sanction, the Board recommended that the student be issued a
disciplinary warning.
In a simplified hearing, the Board considered an allegation that a
student organization violated Regulation 15 of the Code. It was alleged that
the organization served alcohol at an event that was registered as
alcohol-free. The Board found the organization in violation and recommended
a disciplinary warning.
In a simplified hearing, the Board considered an allegation that three
students had violated Regulation 15 of the Code. Specifically, it was
alleged that these three students threw a party that resulted in three noise
complaints within 38 minutes. The party was not registered and Public Safety
estimated 80 people present. The Board determined that not all three noise
complaints were founded, however, they were in violation of department
regulations for throwing a party without registering it. Two of the students
were given disciplinary warnings, and one student was put on probation for
the rest of the semester because of a prior violation of departmental
regulations.
In a simplified hearing, the Board considered an allegation that four
students had violated Regulation 15 of the Code. The Board found that the
students had indeed violated the Code, and recommended a disciplinary
warning.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 15 of the Code. Specifically, it was alleged
that the student hosted an un-registered social event at which about 120
people were found to be present. The Board found the student not in
violation because the crowd was larger than intended and there was a
reasonable effort made to disperse the crowd.
In a simplified hearing, the Board considered an allegation that a
student had violated Regulation 15 of the Code. Specifically, it was alleged
that the student hosted a party for over 50 people and the event was not
registered. The Board found the student not in violation. As to the number
of people present was a pure guess on the part of the officer. The student
charged $1 for the party and at nights end collected $39.
|