Section VII: Brown University Student Rights and Responsibilities

Principles of the Brown Community

We, as members of the Brown University community – faculty, undergraduates, graduate and medical students, and staff – are dedicated to supporting and maintaining a scholarly community in which all share together in the common enterprise of learning. As a central aim, Brown University promotes intellectual inquiry through vigorous discourse, both oral and written.

The fundamental principles that must necessarily undergird this aim include respect for the integrity of the academic process; individual integrity and self-respect; respect for the freedoms and privileges of others; and respect for University resources. In becoming a part of Brown University, we accept the rights and responsibilities of membership in the University’s academic and social community, and assume the responsibility to uphold the University’s principles.

Respect for the Integrity of the Academic Process

The rights and responsibilities that accompany academic freedom are at the heart of the intellectual purposes of the University. Our conduct as community members should protect and promote the University’s pursuit of its academic mission. We are all, therefore, expected to conduct ourselves with integrity in our learning, teaching and research, and in the ways in which we support those endeavors.

Individual Integrity

In order to ensure that the University can dedicate itself fully to its academic and educational vision, it is expected that an individual’s personal integrity will be reflected not only in honest and responsible actions but also in a willingness to offer direction to others whose actions may be harmful to themselves or the community. The University expects that members of the Brown community will be truthful and forthright. The University expects that community members will not engage in behavior that endangers their own sustained effectiveness or that has serious ramifications for their own safety, welfare, academic well-being or professional obligations, or for that of others.

Respect for the Freedoms and Privileges of Others

We strive for a sense of community in which the individual growth of all members is advanced through the cultivation of mutual respect, tolerance, and understanding. Brown University values and encourages individuality while also affirming the community dimensions of academic life. A socially responsible community provides a structure within which individual freedoms may flourish without threatening the privileges or freedoms of other individuals or groups.

The University is committed to honest, open, and equitable engagement with racial, religious, gender, ethnic, sexual orientation and other differences. The University seeks to promote an environment that in its diversity is integral to the academic, educational and community purposes of the institution.

Respect for University Resources

All community members must respect the general resources and physical property of the University.  Such resources are assets in which community members have a vested interest, as these resources specifically support the institutional mission.

Standards of Conduct

The principles stated above are values that hold for the entire University community. Specific standards of conduct and procedures for redress of violations of those standards for each segment of the community can be found in the following University documents:

The University subscribes to an academic code. All students are expected to have read the Codes for Academic and Student Conduct, to be familiar with its principles, and to sign a statement acknowledging their responsibility for the code.

The standards and procedures for all students may be found in the Codes for Academic and Student Conduct, published by the Office of Student Life and the Dean of the College. Medical students should look also to the Guiding Principles of Professional Behavior, set forth by the Brown Medical School, for additional information. Graduate students should also look to the Codes for Academic and Student Conduct for Graduate Students, published by the Graduate School, for additional information.

For specific information on rights and responsibilities, faculty should consult the Handbook of Academic Administration, which puts into practice the principles outlined in the document Faculty Rules and Regulations.

Policies and procedures guiding staff conduct may be found in the Brown University Human Resources Policy & Procedure Manual, provided by the Human Resources department.

 

Code of Student Conduct

Policies

All members of the Brown University Community are entitled to the following rights: the rights of peaceful assembly, free exchange of ideas and orderly protest, and the right to attend, make use of or enjoy the facilities and functions of the University subject to prescribed rules. All members of the Brown University community are also entitled to live in an environment free from harassment on the basis of such characteristics as race, religion, gender, disability, age, economic status, ethnicity, national origin, sexual orientation, gender identity, or gender expression.  (See also “Principles of the Brown University Community”)

Comment : These rights may from time to time come into conflict, and it might be difficult to draw a clear and precise line between the reasonable exercise of and the abuse of such rights. The circumstances in each case will vary, but the objective must always be to assure a fair and reasonable balance whenever there is a conflict among the rights mentioned above.

a.  Occasionally, the rules of the University and the law will overlap, but the University does not attempt to duplicate the law. The University reserves the right to pursue matters through its non-academic disciplinary procedures that may also be addressed in the legal system.

b.  Serious or persistent minor violations of University rules or regulations may result in suspension or expulsion.

c.  In their off-campus lives students are also expected to conform to the standards of community behavior as expressed in the Principles of the Brown University Community and in this Code of Student Conduct.

Offenses

I. Behavior that disrupts or materially interferes with the basic rights of others and the educational functions of the University.

Comment: Protests or demonstrations that infringe upon the rights of others to peaceful assembly, orderly protest, the free exchange of ideas, or that interfere with the rights of others to make use of or enjoy the facilities or attend the functions of the University cannot be tolerated.  [See “University Guidelines on Protests and Demonstrations”]

II.  Actions that:

a.  result in or can be reasonably expected to result in physical harm to a person or persons.
b.  are unreasonably disruptive of the University community and/or its neighborhoods.
c.  result in or can be reasonably expected to result in damage to property.

Comment: Offense II encompasses a wide range of behavior, including, but not limited to assault, vandalism, and throwing, hurling or firing projectiles without regard for persons or property.

III. Sexual Misconduct

        a. Sexual Misconduct that involves non-consensual physical contact of a
            sexual nature.
        b. Sexual Misconduct that includes one or more of the following:
             penetration, violent physical force, or injury.

Comment: Offense III encompasses a broad range of behaviors, including acts using force, threat, intimidation, or advantage gained by the offended student’s mental or physical incapacity or impairment of which the offending student was aware or should have been aware. Harassment, without physical contact, will not be deemed sexual misconduct under these provisions. Violations of Offense IIIb will result in more severe sanctions from the University, separation being the standard. Note: Some forms of sexual misconduct may also constitute sexual assault under Rhode Island criminal laws and are subject to prosecution by State law enforcement authorities – which can take place independent of charges under the University’s Student Code of Conduct. 

IV.  Subjecting another person or group to abusive, threatening, intimidating, or harassing actions, including, but not limited to, those based on race, religion, sex/gender, disability, age, economic status, ethnicity, national origin, sexual orientation, gender identity, or gender expression.  (See "Civil Rights & Non-Discrimination")

V. Drugs and/or Alcohol:

a. Illegal possession or use of drugs and/or alcohol and/or drug paraphernalia.
b. The illegal provision, sale, or possession with intent to sell/provide drugs and/or alcohol and/or drug paraphernalia.

Comment: The use of any drug, including alcohol, related to any offense will be considered an aggravating circumstance independently of whether the drug was used legally or illegally by the offending party.  This factor in a case may result in a more severe sanction and/or the imposition of terms requiring evaluation or treatment, as determined by appropriate professionals.  (See Brown Policy on Drugs.)  All students who are party to a student conduct matter involving alcohol and who, in the determination of a dean, misused alcohol or exercised poor judgment due to alcohol or about alcohol, will be required to undergo appropriate alcohol education, evaluation, and/or treatment as determined by appropriate officials.

Drug paraphernalia includes, but is not limited to, all items used for the purpose of preparing, injecting, ingesting, inhaling or otherwise using illegal drugs, or in the illicit use of legal drugs.

Providence municipal ordinances prohibit the possession of open containers of alcoholic beverages on public ways. Providence Police and, in the case of violations on the streets immediately adjacent to the campus, the Brown University Department of Public Safety, enforce these ordinances. Violations of the open container policy on University property are enforced by the Department of Public Safety and through the University student conduct procedures.

VI.  Theft or attempted theft of property and/or possession of stolen property.

VII.  Failing to comply with the proper directive(s) of a University official, including refusing to identify oneself or refusing to present University identification to a University staff member, including members of the Department of Public Safety.

Comment: A University community depends upon the cooperation of all of its members to assure reasonable safety and security.  There are many occasions, including emergencies, and cases of suspected unlawful conduct, when it is especially important that authorized personnel be able to identify members of the Brown University community.

VIII.  Possession, use, or distribution of firearms, ammunition, explosives, or other weapons.

Comment: The University defines firearms as any projectile-firing device, including conventional firearms (devices using gunpowder); all types of air rifles, guns using BBs, pellets, or darts; or any slingshot device.  All fireworks are prohibited.  Knives are prohibited, except those that are designed and used for food preparation. Possession, use or distribution of firearms or knives will result in more severe sanctions from the University, separation being the standard.

IX.  Violation of operational rules governing various offices, departments and facilities of the University (e.g., Residential Life, Student Activities Office, Food Services, Computing and Information Services, the Libraries, etc.).

X. Misrepresentation:

a.  Lying or materially misrepresenting information to an official University body or officer, including a member of the Department of Public Safety.
b.  Lying in the course of a student conduct hearing constitutes an offense that is immediately actionable.

Comment: Offense X.a. includes the fraudulent use of University identification cards. Lying or misrepresentation that inhibits or interferes with an official University investigation or hearing will be considered a serious offense.

University procedures allow a student involved in a student conduct matter to remain silent.

XI.  Violation of the terms of any student conduct hearing sanction.

XII.  Failing to appear as a witness during a student conduct hearing.

Comment: The Principles of the Brown University Community state that all members of the University community are responsible for supporting and maintaining a scholarly community in which all share together in the common enterprise of learning.  This responsibility includes participating in established University processes.


The comments contained herein are offered as a guide to understanding the University’s policies, and are not to be confused with the policies themselves.  As such these comments are not binding upon the University or its designated representatives.

Student Conduct Procedures

Student Rights and Responsibilities

The Principles of the Brown University Community call upon community members to act with integrity in all facets of University life, including involvement with matters being addressed by the student conduct procedures. Students and student organizations charged with offenses against the Code of Student Conduct are afforded the following rights in University proceedings:

    A.   To be informed in writing of the charge(s) and alleged misconduct.

    B.   To be assumed not responsible of any alleged violations unless she/he is so found through the appropriate student conduct hearing.

    C.   To have an advisor during a formal investigation, a hearing before the Student Conduct Board, an administrative hearing, or a student organization  hearing. The advisor may be any person of their choice within the University community who is a full time faculty or staff member and is not an attorney.

    D.   To have a reasonable length of time to prepare a response to any charges.

    E.   To be informed of the evidence upon which a charge is based and accorded an opportunity to offer a relevant response.

    F.   To be given every opportunity to articulate relevant concerns and issues, express salient opinions, and offer evidence before the hearing body or officer. (Students have the right to prepare a written statement in matters that may result in separation from the University.)

    G.  To be afforded confidentiality, in accordance with University practices and legal requirements.

    H.  To request that a hearing officer or member of a hearing body be disqualified on the grounds of personal bias.

    I.   To have a timely determination of the charges.

    J.   To appeal a decision.

    K.  To refrain from providing information that is self-incriminating.

      Disposition of Cases

      The Senior Associate Dean for Student Life or his/her designee2 may refer allegations of violations of the Code of Student Conduct to one of the following options for resolution:

      1. Mediation. Mediation is a non-disciplinary, voluntary, confidential means of resolving conflict. It brings the parties together with a trained mediator in an informal, neutral setting to discuss their dispute and to find a lasting solution to it. If a matter is referred to mediation, the timing/deadline requirements outlined in these procedures are suspended. If any party to a conflict is unwilling to engage in mediation or if the parties are unable to resolve the conflict through mediation, the matter may be referred to a student conduct hearing for resolution. When parties successfully resolve their dispute through mediation, the mediator will notify the Senior Associate Dean for Student Life that the matter has been resolved.

      Note: Mediation is not available for dispute resolution in the case of allegations of violations of “Offense III: Sexual Misconduct.”

      2. Peer Community Standards Board Hearing. The Peer Community Standards Board, comprised of undergraduate students, will hear matters involving undergraduate students that do not involve possible separation from the University and/or a transcript remark. Typically, the Board will hear cases involving minor, first-time offenses.

      3. Dean’s Hearing. The deans and directors of the university will hear matters involving offenses that do not involve possible separation from the University. Repeated offenses of any kind, however, may result in a determination that the matter should be resolved though a Student Conduct Board hearing/administrative hearing.

       4. Student Conduct Board Hearing. The Student Conduct Board, comprised of students, faculty, and deans or administrative officers, will hear matters involving offenses that may involve possible separation from the University and/or a transcript remark.

      5. Administrative Hearing. An Administrative Hearing will be conducted by a dean or administrative officer of the University. For matters serious enough to warrant a Student Conduct Board hearing, the Senior Associate Dean for Student Life will determine whether the charged student will be given the option to have the matter resolved through an Administrative Hearing or a Student Conduct Board Hearing. For charges involving Offense III, Sexual Misconduct and Offense IV, Subjecting another person or group to abusive, threatening, intimidating or harassing actions, students will not be offered a choice, the only option being a Student Conduct Board hearing. In determining whether a student will be offered a choice in other cases, the Senior Associate Dean for Student Life may take into consideration factors such as the complexity, severity, and community impact of the case. In some cases, the Senior Associate Dean for Student Life may refer a case directly to an Administrative Hearing if convening a Student Conduct Board Hearing would result in a significant delay in the resolution of the matter (e.g., during academic recesses).

      6. Student Organization Hearing. Allegations of violations of University policies and regulations by student organizations will be resolved through student organization hearings conducted by the deans of the University.

      For matters in which individuals pose a danger to themselves or the immediate well-being of the University community, the President, the Dean of the College, the Dean of the Graduate School, the Dean of Medicine and Biological Sciences, and the Senior Associate Dean for Student Life have the authority to separate a student(s) from the University and to impose any additional conditions deemed necessary.

      General Provisions for the Student Conduct Procedures

      1. Closed Hearing. All hearings will be closed.

      2. Qualification and Responsibilities of Hearing Body Members. Student members of hearing bodies must be currently enrolled and in good standing, that is, not on academic warning or currently under any University sanction. All administrative and faculty members will be full-time employees of the University. All members will be required to maintain confidentiality related to all aspects of the hearing process. The Senior Associate Dean for Student Life is responsible for removing any member who violates confidentiality and may refer the matter for disciplinary action. If the specific member(s) of a Peer Community Standards Board panel cannot be identified, the Senior Associate Dean for Student Life may dismiss the panel in question from the Peer Board. If the specific member(s) of a Student Conduct Board panel cannot be identified, the Senior Associate Dean for Student Life may recommend to the President that the panel in question be disbanded.3

      3. Disqualification and Exclusion. Any member of a hearing body who believes that he or she is prejudiced by association with the case, the participants, or by information or belief will disqualify him or herself from hearing the case. A respondent or complaining witness may request, in writing, that a member of a hearing body be disqualified from hearing a case. The request will be made by 9:00 AM no more than two (2) days after receiving the charge letter and the Request to Disqualify Form and will include an explanation as to why the member is unable to render an impartial decision in the case. In addition to ruling on such requests, the case administrator or the advisor to the Peer Community Standards Board will disqualify or exclude any hearing body member who is not able, in his/her judgment, to render an impartial decision in the case.

      4. Standard of Evidence. In determining whether or not an offense has been committed, a hearing body or officer will base its determinations on the standard of preponderance of evidence.

      5. Multiple Students. Cases in which more than one student is charged with violating the Code of Student Conduct and which depend on common facts or set of evidence may either be considered jointly in a single hearing or be assigned to separate, individual hearings as determined by the Senior Associate Dean for Student Life.

      6. Case Administrator. A case administrator is a University official designated by the Senior Associate Dean for Student Life to manage these procedures. The case administrator will conduct formal investigations when requested to do so by the Senior Associate Dean for Student Life. Additionally, the case administrator will respond to requests from respondents and complaining witnesses during the pre-hearing phases of the student conduct procedures.

      7. Respondent. The respondent is the charged student(s) and is entitled to be present during the course of the hearing. A hearing officer or body may decide to proceed with a hearing if a respondent fails to appear despite proper notification.

      8. Complaining Witness. The complaining witness(es) is the person who has filed a complaint. The complaining witness is entitled to be present during the course of the hearing concerning his/her complaint. For matters heard by the Student Conduct Board or by an Administrative Hearing Officer in which there is no complaining witness, a University official other than the case administrator will serve in that capacity.

      9. Witnesses. Members of the University community, including respondents, are expected to appear at a hearing if they have knowledge or information regarding the incident in question and they have been notified to appear. Failing to appear at a hearing as a witness constitutes an offense (see “Code of Student Conduct,” Offense XII), which is immediately actionable and for which the hearing body or officer may determine a sanction up to probation for three (3) semesters. Individuals who are not members of the University community will generally be permitted to appear at a hearing only if they have direct knowledge or information regarding an incident.

      10. Appeals. Within five (5) days of notification of the hearing outcomes, the respondent(s) may appeal, in writing, the decisions in the case, setting out the reason(s) for the appeal. Appeals from Peer Community Standards Board hearings will be submitted to the Senior Associate Dean for Student Life. Appeals from all other hearings will be submitted to the Vice President for Campus Life and Student Services or his/her designee. Appeals will normally be considered only when: (1) relevant new evidence that was not reasonably available to be presented to the original hearing authority and that in the judgment of the Appeal Officer the introduction of the information may have changed the finding by the original hearing authority; or (2) when a substantial procedural error by the University or hearing body/officer is demonstrated and in the reasonable judgment of the Appeal Officer such error is sufficient enough that it may have affected the decision of the original hearing authority. If the appeal officer determines that the appeal has merit, he/she may reduce the severity or terms of a sanction or may remand the matter to an appropriate hearing officer or body.

      For hearings involving charges under Offense III and Offense IV for harassment based on sex/gender, sexual orientation, gender identity, or gender expression, the complaining witness shall have the right to appeal on the same terms as the respondent, provided however that if the Appeal Officer determines that the appeal has merit he/she may increase the severity or terms of a sanction, or remand the matter to an appropriate hearing officer or body.

      11. Timing and Deadlines. “Days” in these procedures refer to weekdays, not weekends or University holidays. Any requirement in these procedures must be completed by 3:00 PM on the day specified, unless otherwise noted. A hearing or deliberations may be conducted on a Saturday, a Sunday, or a University holiday.

      12. Scheduling of a Hearing. Hearings shall be scheduled to commence within sixty (60) calendar days of the receipt of a complaint or a report of information that forms the basis of the charges against the respondent, provided however that this time frame may be extended by the Senior Associate Dean for Student Life upon a written petition by the Case Administrator, the charged student, or the responding student. In determining whether to grant an extension, the Senior Associate Dean of Student Life shall consider the salient factors of the particular case, which may include items such as the complexity and/or severity of the matter to be heard, the number of individuals involved in the particular matter, or whether the academic calendar makes it impractical to commence a hearing within the prescribed sixty (60) calendar days.

      A hearing panel is the subset of the hearing body that fulfills the quorum requirement (see “Peer Community Standards Board Hearings, Quorum” and “The UDC Hearing Process, Quorum”) and hears a particular case.

      Complaints/Reports of Information

      Filing a Complaint. Members of the University community may file written complaints and reports of information that allege violations of the Code of Student Conduct with the Office of Student Life. Written complaints may be submitted in person or online. If submitted in person, written complaints must be submitted to the Office of Student Life located at 20 Benevolent Street and must be accompanied by a signed Campus Incident Complaint Form. Campus Incident Complaint Forms are available at the Office of Student Life. If submitted online, complaints must be submitted using a Brown University user ID at www.brown.edu/Student_Services/Office_of_Student_Life/forms/index.html.

      1. When a complaint or report of information is filed more than sixty (60) days after the alleged incident, the Senior Associate Dean for Student Life will determine whether circumstances support a late filing of charges. The complaint needs to include, in writing, the name(s) of all witnesses or others who may have information concerning the alleged offense(s). Matters that may result in a sanction of suspension or above will follow the following process.

      a. The respondent(s) will receive notice of the receipt of a complaint/information regarding the allegations and the corresponding offenses, and that an investigation is underway.
      b. The complaining witness and the respondent will have the responsibility to provide the names of witnesses.
      c. The respondent will have the right to prepare a written statement and to have an advisor.
      d. A case administrator will forward relevant case materials to the Senior Associate Dean for Student Life who will determine whether or not there is a reasonable basis to file charges. If it is determined that charges will be filed, the Senior Associate Dean for Student Life will refer the matter to the appropriate hearing venue.

      2. Non-disciplinary Referrals.   If it is determined that a hearing is not necessary, the matter may be referred to mediation, counseling, alcohol/drug education, etc.

      3. Withdrawing Charges.  The Senior Associate Dean for Student Life has the authority to withdraw charges once they have been made.

      Peer Community Standards Board Hearings

      The Senior Associate Dean for Student Life may refer offenses that do not involve possible separation from the University or a transcript remark to the Peer Community Standards Board (PCSB). The Peer Board will hear cases involving undergraduate respondents. The Peer Board will review the evidence, hear testimony, and receive information and determine whether the respondent(s) has violated the Code of Student Conduct, and, as necessary, determine a sanction.

      PCSB Membership. The membership of the Peer Board will consist of ten (10) undergraduate students selected annually by the undergraduate student government, which will appoint members no later than May 1 for the upcoming academic year. If the student government fails to appoint members, the Senior Associate Dean for Student Life may select members from the student body to fill the positions. If there is a vacancy on the Peer Board, the Senior Associate Dean for Student Life may appoint a temporary member. All members are subject to the approval of the Senior Associate Dean for Student Life.

      Quorum. For PCSB hearings, three members of the Peer Board will constitute a quorum. If the Peer Board is unable to attain a quorum within a reasonable period of time, the Senior Associate Dean for Student Life will appoint temporary members. No more than five members of the Peer Board will hear a case.

      Advisor to the Peer Board. The Senior Associate Dean for Student Life will appoint a University official to serve as the advisor to the Peer Board. The advisor will attend all hearings.

      Chair. All members of the Peer Board will be eligible to serve as the Chair on a rotating basis.
       

      PCSB Pre-hearing Procedures

      Notice. At least five (5) days prior to the day of the hearing, the advisor to the Peer Board will provide the respondent(s) with a written notification of the charges, a summary of the evidence, and the time and place of the hearing.

      PCSB Hearing Procedures

      1. Only members of the Peer Board, the advisor to the Peer Board, the respondent(s), complaining witness(es), and other witnesses will normally be permitted to participate in a hearing.

      2. The chair of the Peer Board is responsible for conducting the hearing and, in consultation with the advisor, will make rulings regarding witnesses, evidence, and procedures. Procedures adopted by the Peer Board will apply to both parties as appropriate. The chair may exclude any person who disrupts a hearing.

      3. Peer Board hearings proceed as follows:

      a. The chair of the Peer Board will read the specific charges.
      b. The respondent has the opportunity to make an opening statement.
      c. The Peer Board examines the evidence and the testimony of the witnesses. The respondent(s) and the complaining witness(es) will have an opportunity to ask questions of all witnesses. The chair may require that all questions be directed through the chair.
      d. The complaining witness and the respondent have the opportunity to make closing statements.

      4. Deliberations. After conducting a hearing, the Peer Board will deliberate in closed session. The determinations of the Peer Board will be made by a majority vote. If there is an even number of panelists for a hearing, the chair will not have a vote.

      a. Findings. The Peer Board will first determine whether the respondent(s) is responsible for violation(s) of the Code of Student Conduct.
      b. Sanctions. If the respondent is found responsible, the Peer Board will impose a sanction up to probation for three semesters (see “Sanctions”). The PeerBoard may also impose accompanying terms (see “Accompanying Terms for Sanctions”). Prior to determining a sanction, the advisor will inform the Peer Board of any prior disciplinary findings against the respondent.

      5. Notification of hearing outcome. Within five (5) days of the conclusion of the hearing, the advisor to the Peer Board will notify the respondent(s) in writing of the decisions in the case.

      Dean’s Hearings

      The Senior Associate Dean for Student Life may refer offenses that do not involve possible separation from the University to the deans and directors of the University for a hearing. In general, matters involving undergraduates will be heard by deans and directors of the university; matters involving graduate students will be heard by deans and directors from the Graduate School; and matters involving medical students will be heard by deans and directors from the Medical School.

      Procedures. The hearing procedures will be informal, but remain consistent with the basic rights afforded to charged students (see “Student Rights and Responsibilities”). The case administrator provides the student(s) with written notice of the charge(s), a summary of the evidence, and the time and place of the meeting. At the meeting, the student(s) has an opportunity to be heard, and the hearing officer decides if the respondent is responsible for violation(s) of the Code of Student Conduct.

      Sanctions. If the respondent is found responsible, the dean will impose a sanction up to deferred suspension for three semesters (see “Sanctions”). The hearing officer may also impose accompanying terms (see “Accompanying Terms for Sanctions”). Within five (5) days of the conclusion of the hearing, the case administrator will notify the respondent(s) in writing of the decisions in the case.

      Student Conduct Board Hearings

      The Senior Associate Dean for Student Life may refer offenses that involve possible separation from the University or a transcript remark to the Student Conduct Board (SCB) for a hearing. The Conduct Board will review the evidence, hear testimony, and receive information. The Conduct Board further determines whether the respondent(s) is responsible for violations of the Code of Student Conduct, and, as appropriate, recommends a sanction.

      SCB Membership. The membership of the Conduct Board will consist of four (4) faculty members selected by the Faculty Nominating Committee; four (4) undergraduate deans selected by the Dean of the College; six (6) undergraduate students selected annually by the undergraduate student government; four (4) graduate students selected annually by the graduate student government; four (4) medical students selected annually by the medical student government; two (2) deans from the Graduate School appointed by the Dean of the Graduate School; two (2) deans from the School of Medicine appointed by the Dean of Medicine and Biological Sciences; and a chair of the Conduct Board appointed by the Vice President for Campus Life and Student Services. The appropriate student governance bodies will appoint members for the upcoming academic year. If a student governance body fails to appoint members, the Vice President for Campus Life and Student Services or his/her designee may select students to fill the positions. If there is a vacancy among the members of the SCB, the Vice President for Campus Life and Student Services or his/her designee may appoint a temporary member. All student members are subject to the approval of the Senior Associate Dean for Student Life.

      Hearing Panels. The composition of the hearing panel will correspond, in general, to the University status (undergraduate, graduate, and medical) of the charged student(s). Each panel will consist of a member of the faculty, a dean, and a student.

      The SCB Hearing Process

      Quorum. For SCB hearings, three members of the Conduct Board constitute a quorum. If the Conduct Board is unable to attain a quorum within a reasonable period of time, the President or his/her designee may appoint temporary members as needed.

      The Chair. The chair of the SCB is responsible for conducting the hearing and decides upon matters related to witnesses, evidence, and procedures. The chair may exclude from a hearing any person in attendance who disrupts a hearing. The chair may consult with the Student Conduct Board and University officials, as necessary.

      Hearing Participants

       

      1. Advisors. In a SCB hearing, the respondent(s) and complaining witness(es) may have advisors chosen from within the University community. The advisor may make statements and generally assist the respondent(s) and complaining witness(es) during the hearing. The advisor must be a full-time Brown faculty or staff member, and the advisor may not be an attorney.

      2. Advocate for Complaining Witness. During a SCB hearing involving a charge of sexual misconduct, the complaining witness may be accompanied by a University Advocate. The Advocate is present only for the purpose of providing support to the complaining witness and will not participate in the hearing.

      3. Attorneys. If a SCB hearing involves allegations that could constitute a capital/life offense under Rhode Island criminal law, the respondent may be accompanied by an attorney. The attorney may not participate in the hearing. The attorney is present to safeguard the respondent’s rights at any subsequent criminal proceeding and may advise the respondent only with respect to his/her testimony. Any attorney in attendance will comply with all guidelines for the SCB hearing process. If the respondent desires to be accompanied by an attorney, the respondent will provide the case administrator with the attorney’s name, address, and phone number at least four (4) days prior to the date of the hearing.

      If an attorney is to accompany the respondent, the complaining witness may request to have an attorney present as an observer, and, if so, will provide the case administrator with the attorney’s name, address, and phone number at least two (2) days prior to the date of the hearing.

      4. President’s Designee(s). The President may designate University officials to attend a hearing consistent with their duties and responsibilities to the University.

      SCB Pre-Hearing Procedures

      Notice Requirements

      Notice. At least seven (7) days before the hearing, the case administrator will provide the respondent(s) with written notification of the charges, the time and place of the hearing, and a copy of the case materials. The complaining witness also receives the case materials.

      Expedited Hearing(s). If the Senior Associate Dean for Student Life determines that an expedited hearing is necessary (e.g., end of the academic year), the notice may be provided fewer than seven (7) days before the hearing.

      Requests for Witnesses. The respondent(s) and complaining witness(es) will provide the case administrator with a written list of witnesses they would like to appear at the hearing at least four (4) days prior to the hearing by 9:00 AM. All witnesses will provide a written statement at least four (4) days prior to the hearing by 9:00 AM. If after the four-day deadline, either party believes that there is new information which may substantially influence the outcome of the hearing, he or she will request of the case administrator that the information be admitted to the hearing. The case administrator will also notify the parties of any other witnesses who have been called to appear at the hearing.

      Advisors. The respondent(s) and complaining witness(es) will also specify whether an advisor will be assisting him or her, and if so, the name of the person chosen.

      SCB Hearing Procedures

      SCB hearings proceed as follows:

      1. The chair reads the charge(s) and informs the respondent(s) of the right to remain silent.
      2. The case administrator is available to answer questions about the case materials.
      3. The respondent or his/her advisor may make an opening statement.
      4.The complaining witness or his/her advisor may make an opening statement.
      5. The Conduct Board examines the evidence and the testimony of any witnesses. The respondent(s) and the complaining witness(es) may ask questions of all witnesses. The chair may require that all questions be directed through the chair. At the discretion of the chair, witnesses may be recalled.
      6. The complaining witness or his/her advisor may make a closing statement.
      7. The respondent or his/her advisor may make a closing statement.

      Deliberations. Following the closing statements, the Conduct Board adjourns into closed session (1) to determine if the respondent(s) is responsible for violation(s) of the Code of Student Conduct and, if so, (2) to recommend an appropriate sanction up to Expulsion from the University; including any accompanying terms (see “Sanctions” and “Accompanying Terms for Sanctions”) to the Senior Associate Dean for Student Life. Prior to the recommendation of a sanction, the case administrator informs the SCB of any prior disciplinary finding(s) against the respondent. The decision(s) of the Conduct Board will be made by majority vote and will be forwarded to the Senior Associate Dean for Student Life. Within five (5) days of the conclusion of the hearing, the Senior Associate Dean for Student Life will notify the respondent(s), and the complaining witness(es) as permitted by applicable regulations, of the outcome of the case.

      Power of Review in the President. After the appeal process has concluded, the President may review at his/her own initiative the decisions of the SCB. The President has the authority to affirm, reverse, or modify the decisions and/or change the sanction. If the President decides to review the case, he/she will notify the respondent(s), the complaining witness(es), the Senior Associate Dean for Student Life, the case administrator, and the chair of the Conduct Board of his/her intent to review and his/her final determinations in the case. There will be no appeal from a decision rendered by the President.

      Administrative Hearings

      In some cases, a charged student may choose an administrative hearing in lieu of a SCB hearing. Based on a preliminary review of cases, the Senior Associate Dean for Student Life will determine if the charged student will be offered a choice between an Administrative Hearing (AH) and a Student Conduct Board hearing. For charges referred to an hearing, involving Offense III: Sexual Misconduct and Offense IV: Subjecting another person or group to abusive, threatening, intimidating or harassing actions, students will not be offered a choice but will be heard by the SCB. In determining whether a student will be offered a choice in other cases, the Senior Associate Dean for Student Life may take into consideration factors such as the complexity, severity, and community impact of the case. In some cases, the Senior Associate Dean for Student Life may refer a case directly to an Administrative Hearing if convening a Student Conduct Board hearing would result in a significant delay in the resolution of the matter (e.g., during academic recesses).

      An Administrative Hearing will be conducted by a dean or administrative officer of the University. In general, matters involving undergraduates will be heard by deans from Campus Life and/or the Office of the Dean of the College; matters involving graduate students will be heard by deans from the Graduate School; matters involving medical students will be heard by deans from the Medical School.

      Procedure. The hearing procedures will be informal, but they will be consistent with the basic rights afforded to charged students (see “Student Rights and Responsibilities”). At least seven (7) days before the hearing, the case administrator will provide the student(s) with written notice of the charge(s), the time and location of the hearing, and a copy of the case materials. At the hearing, the student(s) has an opportunity to be heard, and the hearing officer decides if the respondent is responsible for violation(s) of the Code of Student Conduct.

      Sanctions. If the respondent is found responsible, the hearing officer will recommend a sanction up to expulsion from the University; including any accompanying terms (see “Sanctions” and “Accompanying Terms for Sanctions”) to the Senior Associate Dean of Student Life. Prior to the recommendation of a sanction, the case administrator will inform the hearing officer of any prior disciplinary findings against the respondent. Within five (5) days of the conclusion of the hearing, the Senior Associate Dean for Student Life will notify the respondent(s), and the complaining witness(es) as permitted by applicable regulations, of the outcome of the case.

      Student Organization Hearings

      The Senior Associate Dean for Student Life may refer matters involving allegations of violations of the Code of Student Conduct by student organizations to deans and directors of the University or to a panel of the Student Conduct Board for a hearing. Additionally, allegations made against individual members of a student organization may be referred to a hearing officer or body.

      Procedure. The case administrator will notify, in writing, the president (or other responsible student) of the student organization of the allegation(s). The student organization has the opportunity to prepare a response and to be heard regarding the allegations. The hearing officer determines the structure of the hearing, in accordance with the basic rights afforded to students (see “Student Rights and Responsibilities”) and decides if the student organization is responsible for violation(s) of the Code of Student Conduct.

      Sanctions. If the student organization is found responsible, the hearing officer will impose a sanction up to probation for three (3) semesters and any accompanying terms (see “Accompanying Terms for Sanctions”), which may include, but are not limited to:

      a. Community restitution.
      b. Suspension of social privileges, which is the loss of all or partial social function privileges for a defined or indefinite period of time.
      c. Loss of University privileges and services for a defined or indefinite period of time (e.g., loss of space reservation privileges).
      d. Loss of recognition by the University of the organization for a defined or indefinite period of time.
      e. Loss of housing and residential space for a defined or indefinite period of time.

      Recommendations and Changes

      Hearing officers, members of the Student Conduct Board and Peer Community Standards Board, and senior staff of the University may recommend to the President any changes to these procedures. The President will forward to the Corporation any substantive recommended changes. The Corporation expressly reserves the right at any time to alter, modify, or revoke the provisions herein, in whole or in part, without prior notice. At least once every five years, these procedures will be reviewed.

      Sanctions

      Violations of the Student Conduct Code may result in the following sanctions, in order of increasing severity. When determining an appropriate sanction, hearing officers, members of the Peer Community Standards Board, and members of the Student Conduct Board will consider the nature of the incident and its context as well as any prior disciplinary findings. All sanctions may include accompanying terms as appropriate. Violation of any sanction will warrant a review by the Senior Associate Dean for Student Life and may result in forwarding the matter to the Student Conduct Board or an administrative hearing.

      1. Reprimand. A reprimand is a written notice that a student has violated the Code of Student Conduct and that another violation will likely result in a more severe sanction.

      2. Probation. Probation is a designated period of time during which the student is given the opportunity to demonstrate the ability to abide by the community’s expectations of behavior articulated in the Code of Student Conduct.

      3. Deferred Suspension. Deferred suspension is used for offenses found serious enough to warrant suspension, but where the specific circumstances of the case mitigate the offense or for repeated offenses of a less serious nature. Deferred suspension is a designated period of time during which a student is given the opportunity to demonstrate the ability to abide by the community’s expectations of behavior articulated in the Code of Student Conduct. A deferred suspension may be accompanied by a transcript remark (See “Accompanying Terms for Sanctions”).

      4. Suspension. Suspension is separation from University for a designated period of time after which the suspended student may petition the Senior Associate Dean for Student Life for readmission to the University. The petition must demonstrate that the student has satisfied any accompanying terms of the suspension. A student who has been suspended may not be on University property without the prior approval of the Senior Associate Dean for Student Life. A suspended student is prohibited from participating in any University activity or program. A suspension may be accompanied by a transcript remark (See “Accompanying Terms for Sanctions”).

      5. Expulsion. Expulsion is permanent separation from the University. A student who has been expelled is prohibited from entering any University premises and participating in any University activity or program without explicit permission. An expulsion may be accompanied by a transcript remark (See “Accompanying Terms for Sanctions”).

        Accompanying Terms for Sanctions

        A hearing officer or body may impose accompanying terms to any sanction designed to insure responsible behavior and the well-being of the University community, help the responsible student learn from the experience, and ameliorate the effects of the conduct on the aggrieved student. The following terms may accompany any of the sanctions described above, except when noted.

          1. Parent/guardian notification. Parents/guardians may be notified, in accordance with applicable regulations, of the outcome of any student conduct hearing.

          2. University file entry. A University file entry is a non-permanent entry into a student’s official University file. A copy of the written notification to the student of the outcome of the hearing is placed in the student’s official University file. A University file entry will be removed not later than at the student’s graduation from the University.

          3. Restitution. Restitution is the repayment to the University or to an affected party for damages to property resulting from a violation of the Code of Student Conduct.

          4. Removal from University housing. Separation of a student from University-owned housing (residence halls and rental properties) may accompany the sanction of any student conduct hearing. The separation from University housing must be for a designated period of time. Conditions for readmission to University housing may be specified.

          5. Transcript remark. A transcript remark is a notation on a student’s official University transcript. A transcript remark may accompany a deferred suspension, suspension or expulsion. Following a deferred suspension, a student may petition to have a transcript remark removed after one full semester. Undergraduate students must petition the Senior Associate Dean for Student Life; graduate student must petition the Dean of the Graduate School; medical students must petition the Dean of Medicine and Biological Sciences. For suspensions and expulsions a permanent entry will appear on a student’s transcript.

          6. Fines. When appropriate, a fine may accompany the sanction of any student conduct hearing. In general, fines may range from $25 (e.g., damage or theft to University property, failure to evacuate when a fire alarm sounds) to $1000 (e.g., pulling a false alarm).

          7. Other accompanying terms. Other terms designed to ensure responsible behavior may accompany the sanction of any student conduct hearing. These terms may include, but are not limited to, educational projects, meetings with educators/counselors, community restitution, housing relocation, and other assignments as warranted.