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The Office of Student Life is a department within the Student Affairs Division
which reports to the Assistant Vice President for Campus Life.
Office of Student Life
330 Memorial Union, Kingston, RI 02881
Phone: 401-874-2101; Fax: 401-874-5574; TTD: 401-874-2098 |
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10. Introduction. The purpose of the University Student Discipline System is to promote student growth and to preserve the atmosphere of learning necessary to the well being of all students. The Office of Student Life is responsible for administering all aspects of the University Student Discipline System. Disciplinary action may be implemented only through referral of violations to the Offices of Student Life, Campus Life or Housing and Residential Life. Complaints and reports of violations may be submitted to Student Life or Residential Life from the campus police or local police departments, from other students, and from faculty and staff. As members of both the University community and the outside community students may be held responsible for incidents in more than one arena. Thus, if the campus police receive a complaint, as a fully empowered police department, they may bring criminal charges against you. If the same incident is also a violation of the University's community standards and falls within jurisdiction of the student discipline system, campus proceedings may proceed independently, concurrently, and according to the University's timetable. Any questions about concurrent charges should be addressed to the Office of Student Life. The University Student Discipline System applies primarily to individual students. Incidents involving fraternities and sororities are adjudicated by the Office of Campus Life or the Office of Student Life using these same general guidelines with an option for using Fraternity and Sorority Hearing Panels as described in section 22.6. Both alleged victims and charged students have rights that the University is committed to maintaining and protecting. All policies, procedures, and practices of the University Student Discipline System will therefore be administered in a manner that reflects and preserves a balance, and does not favor the rights of one side to the detriment of the other. Questions about the discipline system should be addressed to the Office of Student Life, 330 Memorial Union, 874-2098.
11. Definitions.
a. "University community" includes staff and faculty and students and visitors to the University of Rhode Island campuses.
b. "Judicial administrators" are staff members from the following departments charged with judicial responsibilities: office of student life, housing and residential life, campus life.
c. "Academic cases" are those which involve cheating, plagiarism or falsification of course requirements.
d. "Non-academic cases" involve all other alleged violations of university policies and regulations, and of state or federal law when university jurisdiction applies.
e. "Student" means all persons accepted to the University of Rhode Island for matriculation and/ or all individuals registered in or auditing any course or program at the University of Rhode Island. Individuals not currently enrolled but intending to return are also considered students (e. g., those on leave of absence).
12. Jurisdiction for Off-Campus Conduct. Off-campus conduct can be subject to the jurisdiction of the Student Discipline System if one of the following conditions is met: 1) an infraction of a community standard of behavior as listed in the student handbook occurs at: an official University event, such as a field trip; at a University-sanctioned event as defined in Section 8.51.12 of the University Manual; or at an event sponsored by a recognized student organization, fraternity or sorority; or 2) an off-campus action, performed by a person while he or she is a student, is of such a nature that it would be subject to the Student Discipline System had it occurred on-campus, and the nature and circumstances of the infraction provides reasonable grounds for believing that the alleged offender posed or poses a threat to the life, health, safety, of the University community or to university property. The decision to apply jurisdiction to off-campus conduct shall be made by the Dean of Students.
12.1 Appeal on the Issue of Off-Campus Jurisdiction. If a student is accused of an off-campus offense, and if the judicial administrator determines that there is cause for referring the matter to the University Student Discipline System, the student shall have the right to dispute the jurisdiction of the University Student Discipline System. Such an appeal must be filed in writing with the Office of Student Life not later than three days after notice of the Office of Student Life decision to charge the student. The appeal shall be presented to the assistant vice president for campus life for disposition of the issue of jurisdiction. The decision on jurisdiction arrived at by the assistant vice president for campus life shall be final.
13. Incident or Complaint Review. The available facts shall be gathered from the complainant or the reporting agency and a careful evaluation of these facts, as well as the reliability of evidence shall be made. If corroboration of the information presented is deemed necessary, further inquiry and investigation shall be undertaken. If, at this point, in the judgment of the judicial administrator, there is insufficient evidence of a violation, or the case lacks merit, a decision not to refer the matter to the student discipline system may be made.
14. Judicial Advisors. The University student discipline system is not an adversarial process, but an impartial inquiry into student conduct and the facts of the case. Students involved in the process as complainants, victims or charged parties are entitled to request advice from anyone they wish, including attorneys. However, the presence of anyone with a law degree or a licensed attorney in a hearing will not be permitted except in rare cases.
A student may have present at his/ her hearing an advisor who is a student, staff, or faculty member of the university and who is not a licensed attorney and who does not have a law degree. The advisor's participation, even where an attorney is allowed, is passive; i. e. the advisor may consult with the charged student, but may not ask questions of witnesses or make arguments to the hearing panel or administrative hearing officer. The advisor may not serve as a witness or be a party to the case.
15. Deferral of Proceedings. The staff of the Office of Student Life may defer action at any stage of the process for a period not to exceed 90 calendar days. Pending charges may be discontinued thereafter, depending upon the good conduct of the charged student.
16. Mediation. When there is an apparent violation of community standards, the incident may be adjudicated through a formal mediation process if formal mediation is the unanimous choice of three parties: (1) the individual( s) allegedly responsible for the violation, (2) the complainant (student, staff, department reporting or referring the violation, and (3) the Office of Student Life. Mediation may be initiated at any point in the process when the three parties agree to mediate. Trained University mediators approved by Student Life conduct the mediation. Mediation requires the cooperation of all parties to work out a resolution to the problem. The mediation process results in a written document agreed to by all parties. The written agreement is kept on file in the Office of Student Life. Should mediation not be completed or should a party fail to abide by the written agreement, formal disciplinary charges may be initiated.
17. Charges. When the judicial administrator decides that there is evidence of a violation that warrants referral to the discipline system, the student shall be notified in writing of the charges. This written notification will include the date, location, description of the alleged violation, reference to the handbook section allegedly violated, and the recommended sanction. If a student withdraws or is academically dismissed while charges are pending, disciplinary procedures may continue at the discretion of the Dean of Students. If a student completing degree requirements is accused of a suspendable or dismissible offense, his or her diploma may be held pending resolution of student discipline action.
18. Response to Judicial Charge. Formally charged students may admit or deny responsibility for the charges. This response must be made in writing within 48 hours of receiving the charge letter.
a. If the student accepts responsibility for the charges and the recommended sanction, the case is resolved and a decision letter will confirm the resolution. This option is the most expedient and private and most cases are resolved in this manner.
b. If the student accepts responsibility for the charges but does not accept the recommended sanction, the case will be referred to a hearing before an administrative officer. The exception to this rule is when the sanction for a violation is described in this handbook as mandatory. There is no option for a hearing regarding sanction when the sanction is mandatory.
c. If the student denies responsibility for the charges, the case will be referred to a hearing.
19. Hearings. The purpose of a hearing is to evaluate information relevant to the responsibility of the charged student, and to evaluate information relevant to appropriate sanctioning. Concerns, challenges, or objections regarding the process are not part of the hearing but must be raised with the Office of Student Life no later than 48 hours in advance of the hearing. Generally, hearings are before a hearing panel, except where described in section 20. All hearings follow procedures outlined in sections 24 and 25 whether they are by an administrator or before a hearing panel, whether they are academic or non-academic.
20. Administrative Hearings. Administrative hearings are those heard before an administrative officer other than the person who conducted the investigation. In non-academic cases, administrative hearings may be held in the following circumstances:
a. If a charged student fails to respond to a charge letter within the 48-hour period (for both academic and non-academic conduct violations).
b. If the hearing is in regard to the sanction only.
c. If a charged student requests an administrative hearing.
d. If the Office of Student Life determines an administrative hearing is necessary (i. e., because of scheduling difficulties, time pressures, seriousness of case or other reasons).
21. Composition of Judicial Board. The judicial board consists of six or more student members and six faculty or staff members. Every effort will be made to have Board representation from the following groups: graduate students, fraternities and sororities, residence hall students, and commuters. Every effort will be made to recruit and select students from diverse backgrounds. Only full-time students are allowed to serve. The existing board selects new student members.
22. Hearing Panels. A hearing panel selected from the current judicial board hears cases of alleged violations of community standards or university policies as referred to it by the office of student life. Past board members may serve if current board members are not available.
22.1 In non-academic cases, the hearing panel consists of four students and one faculty selected from the board as described in Section 21.
22.2 In hearing academic cases, the hearing panel consists of four faculty members and three student members. A graduate student will be a member of the hearing panel if the charged student is a graduate student.
22.3 A student member elected by a majority vote of the board chairs hearing panels. Alternately, by the agreement of the board advisor and board members, the job of chair can be rotated among student members.
22.4 Student Life may appoint a special hearing panel instead of one drawn from present or past board as described in Section 21.
22.5 Fraternity and Sorority Hearing Panels. Greek chapter hearing panels or hearing officers may be appointed for hearing cases involving infractions charged to an entire chapter only. Action taken within a chapter does not preclude the university judicial process. Hearings concerning Greek houses also follow procedures outlined in sections 24 and 25.
23. The University Appeals Board on Student Conduct. The appeals board hears appeals of decisions made by administrative action, administrative hearing, or by hearing panels. The appeals board consists of one full-time student appointed jointly by the presidents of the Student Senate and Graduate Student Association, one member of the teaching faculty appointed by the chairperson of the Faculty Senate, and a chairperson holding the rank of assistant professor or above, appointed by the President of the University.
24. Procedures for Hearings
24.1 Every effort will be made to hold a hearing within 20 class days from the date the student completes the choice of action form.
24.2 If a student withdraws or is academically dismissed while charges are pending, disciplinary procedures may continue at the discretion of the Dean of Students. If a student completing degree requirements is accused of a suspendable or dismissible offense, his or her diploma may be held pending resolution of student discipline action.
24.3 Notice in writing of the hearing will be delivered to the charged student at least 72 hours in advance of the hearing.
24.4 Hearings are closed.
24.5 The charged student is provided with the names of the board members in the hearing notification letter. The charged student may challenge the participation of a particular board member or hearing officer for good cause. The challenge must be delivered in writing to the Office of Student Life at least 48 hours in advance of the hearing. Each hearing panel member will be informed of the charged student's name and the charges at the time of the hearing. Any panel member may disqualify himself or herself, and either party to the case may be permitted to disqualify a member if he or she can satisfy the remaining members of the panel that there is "good cause" for disqualification. If alternates for disqualified panel members are available, these alternates take the place of the disqualified members. If it is not possible to replace a sufficient number of disqualified members to maintain a panel composition, the hearing may proceed only with the agreement of the charged student.
24.6 A student has the right to one rescheduled hearing if the scheduled time causes undue hardship. The request should be made to the advisor of the board at least 48 hours prior to the hearing and the student may be asked for documentation. A student is required to appear for a scheduled hearing; failure to do so normally results in the case being heard in the student's absence.
24.7 No oaths are requested or allowed, and the technical rules of evidence applicable to civil and criminal cases shall not apply. The hearing panel or hearing officer rules on the admissibility of evidence. Unduly repetitious or irrelevant evidence may be excluded.
24.8 During hearings, the complainant's point of view may be presented through witness testimony. In instances where policy or regulations set or monitored by a particular department are allegedly violated, staff from that department may appear as witnesses. In particularly sensitive cases, when the complainant appears as a witness an advisor may accompany her or him.
24.9 The charged student has the right to question all witnesses. The hearing officer or chair has the right to rule on admissibility or manner of questioning. Written testimony from absentee witnesses must have authorship verified by certification by a notary public. The appropriateness of the use of written testimony is determined by the hearing officer or by the hearing panel advisor and its chair.
24.10 When the student denies the allegation, the burden of proof rests on the evidence and witnesses brought forward by the investigating administrator.
24.11 All hearing panels have an advisor appointed by the Dean of Students who is present during all stages of the process including hearings and deliberations except during the closed board deliberation on responsibility. Responsibilities of the judicial board advisor shall include: (1) advising the hearing panel regarding the requirements and provisions of due process, (2) serving as a resource person in those cases where a charged student has a past history of involvement in the student discipline system, (3) providing continuity in board operations and procedures, (4) facilitating the implementation of discipline procedures at all levels of the student discipline system, (5) acting as a liaison between boards and the University community, (6) assisting the board in fulfilling its educational responsibility, and (7) preparing a written record of each hearing which includes a summary of the testimony and evidence and the decision reached. The individual who serves as advisor to the board shall not be the person who conducted the original investigation.
24.12 The hearing panel makes one of the following decisions upon completion of the hearing: (1) a finding of not responsible, (2) a finding of responsible based on clear and convincing evidence and a determination of the sanctions, (3) dismissal of the charges due to lack of evidence or (4) continuance of the case for the purpose of obtaining additional information or for further consideration. Decisions are based only upon evidence and testimony introduced at the hearing. All decisions shall be made by a majority vote. The chairperson has the right to vote in all matters.
24.13 Students who obtain information at the hearing which might lead to new evidence must ask for a continuance of the case at the time rather than wait to raise the matter for the first time as the basis for an appeal request.
24.14 When information comes up in a hearing indicating the charged student or witnesses may be responsible for violations not yet charged, at the end of the hearing, the board can make a recommendation that the charging official bring additional charges against the student( s).
25. Order of Events for Hearings
25.1 The panel/ hearing officer examines documents prepared by the charging official (e. g., summaries of incident, chronology, charge letter, witness statements, police reports, etc.). The charged student is brought into the hearing room.
a. Introduction of panel members and advisor or hearing officer
b. Explanation of confidentiality and the philosophy of peer judgment
c. Statement of student's rights to fairness and due process
1. To be assisted by one advisor who is not a party in the case and who does not have legal training.
2. To present witnesses appearing in his or her behalf
3. To question witnesses appearing against him or her
4. To submit oral or written statements
5. To remain silent and not testify against himself or herself
Students should remember that if they remain silent, the board is compelled to hear the case and render a decision based upon the evidence presented.
25.2 Statement of charges by the chairperson of the board/ hearing officer
a. Charged student is asked if he or she understands the charges
b. Charged student accepts or denies responsibility for the charges
25.3 Charged student gives his or her description of the incident
a. If there is more than one charged student, the hearing panel will determine the order in which the students give their description of the incident. This system shall prevail throughout the remainder of the hearing procedures.
b. Panel members/ hearing officer ask questions
25.4 At the request of the panel/ hearing officer, the charging official may appear at the hearing to answer questions about case materials. The panel/ hearing officer asks questions, then the charged student asks questions.
25.5 Witnesses are escorted to the hearing room one at a time. The panel/ hearing officer determines order of appearance.
a. Witness describes his/ her knowledge of the incident
b. Panel members ask questions
c. Charged student may pose questions for witnesses
25.6 Charged student and panel members/ hearing officer may recall witnesses or re-question participants.
25.7 Final discussion between panel/ hearing officer and charged student prior to deliberation.
25.8 Charged student and advisor leaves the hearing room.
25.9 Panel/ hearing officer deliberate and make a decision as described in section 24.12.
25.10 Advisor and charged student reconvene with the panel/ hearing officer to hear the decision. Proceed with sanction portion of the hearing if the board finds the student responsible.
a. Past student discipline system involvement described
b. Recommended sanctions from charging official are read
c. Charged student responds to recommended sanctions
d. Panel/ hearing officer may question the charged student
e. If relevant, witnesses recommended by the charging official may give victim impact statements
1. Panel/ hearing officer may question witnesses
2. Charged student may pose questions to witnesses
f. Charged student may present witnesses at this point to speak solely in regard to recommended sanctions
1. Panel/ hearing officer may question witnesses
2. Charged student may question witnesses
25.11 Panel/ hearing officer discusses sanctions and impact with the charged student
25.12 Hearing is concluded. Charged student and advisor leave the room. Panel discusses whether they wish to forward input or suggestions regarding the sanction to the charging official.
25.13 The panel advisor/ hearing officer consults with the charging official regarding any sanction recommendations resulting from the hearing. The charging official decides whether or not to alter the original sanction recommendation. The panel advisor/ hearing officer gives the decision letter and the final decision regarding sanction to the student within two class days of the hearing. At this time the appeal process is explained.
26. Appeal Procedures and Sanction Approval
26.1 Following a hearing, a charged student has the right to submit an appeal request to the University Appeals Board on Student Conduct. Such appeal requests are based only on specific evidence, presented in writing, of fraud, denial of rights, procedural error, or on the claim of new evidence not previously available which would have materially affected the decision of the hearing (see Section 42.13). Appeal requests must be filed within one week of receipt of the decision letter. The Dean of Students may grant extensions to the deadline for filing appeal requests for good and sufficient reason.
26.2 Upon receipt of a written request for appeal, a meeting of the University Appeals Board on Student Conduct will be scheduled. The board will be provided with a report of the hearing or administrative action, the appeal request, and an administrative response (from either the panel advisor or the hearing officer) to the appeal request. A copy of the report of the hearing or administrative action and the administrative response may be obtained by the student from the Office of Student Life. If the appellant wants the Appeals Board to have his or her reactions to the administrative response, it must be put in writing and delivered to the Office of Student Life at least one hour before the Appeals Board meets.
26.3 The student (and advisor) and the complainant/ presenter, hearing officer, or panel advisor may be invited to appear before the Appeals Board for the sole purpose of responding to questions from the board members about the written appeal material. This meeting is not a hearing and will remain closed to the public.
26.4 If the University Appeals Board on Student Conduct determines that a written request for an appeal has merit, it rehears the case or the portion of the case relevant to the appeal following procedures outlined in sections 44 and 45. Upon completion of the appeal hearing, the Appeals Board may either uphold the original decision and sanction imposed, or adjust the original decision and/ or sanction.
26.5 Approval of the sanction by the President (for cases of suspension or dismissal) or Dean of Students (for all other cases) shall take place after the appeal process is completed. If the Dean or the President do not approve the sanction, they have the authority to change it.
27. Judicial Records. All judicial records, such as complaint reports, correspondence, charge letters, decision letters, hearing summaries, are maintained by the Office of Student Life for six years after the date of action. This record is confidential and educational in nature and is kept separate from the academic record. Access to such records is governed by the University Policies for the Release and Disclosure of Information from Student Records (see Section 18).
Records of an unresolved behavioral situation (as when a student withdraws prior to charging or disposition) shall be reviewed annually starting with the six-year anniversary. The Dean of Students shall decide whether or not to destroy this record or keep it for another year. Records of permanent dismissal shall be retained permanently.
28. Range of Sanctions
The actions that may be taken as a consequence of violating the community standards of behavior range from the traditional sanctions of no further action to dismissal. In addition, situational conditions can be attached depending upon, and appropriate to the severity of the violation, the degree to which the individual has participated or been involved, his or her motivations and intent in connection with the infraction, and any record of past violations as well as a consideration of all facets of the specific individual situation. In determining a sanction, consideration is also given to setting positive standards of behavior for other students who may learn of the action through the anonymous case summaries printed periodically in the campus newspaper as well as the sanction's deterrent effect. Sanctions may be more severe when the charging official determines the violations can be considered "hate crimes" (see Section 2.7).
28.1 Situational Conditions. These include, but are not limited to:
a. Restitution to the University or an individual for any damage committed or cost incurred
b. Contribution to a University department to use for unmet student needs
c. Prohibition from all or specific campus location
d. Suspension of a student's right to represent the University at University-sponsored or related events
e. Suspension of a student's right to occupy a position as an officer in any student organization or living unit
f. No contact orders regarding specific University community members
g. A move from one on-campus residence location to another on-campus residence location or removal from on-campus residence
h. Specific hours of unpaid work service
i. Referral to the Counseling Center
j. Referral to the Alcohol Education Program
k. Fines for alcohol violations
l. Random drug testing at the expense of the student
m. Grade sanction imposed by faculty in cases of academic dishonesty (see section 5)
For those conditions which suspend privileges, a specific time period will be set, indicating when the student may regain the privilege( s), if at all.
28.2 No Further Action. In cases where the student is found responsible for the violation( s), and where the discussion with the administrative officer or the hearing before the appropriate student conduct board has been sufficient, further action may not be deemed necessary. However, the violation is still noted in the student's record in the Office of Student Life.
28.3 Warning. In instances of minor violations the student may be warned in writing of the possible consequences of continuing such behavior. Additional conditions may be applied as appropriate.
28.4 Residence Probation. A student who is placed on residence probation is not in good standing with his or her living unit for a specified period of time and conditions may be placed on his or her actions. The status of residence probation reminds the student that his or her infraction has become part of his or her record and that repetition of similar or other unacceptable behavior may be a cause for removal from the living unit.
28.5 Removal from Living Unit. This action precludes either the student's continued residence in a particular living unit or in any campus living unit. Such action would normally be taken after one serious violation or repeated violations related to the living unit environment.
28.6 Disciplinary Probation. The probation usually extends over a stated period, during which it is clearly understood that the student is subject to further disciplinary action, including suspension or dismissal, if he or she violates the terms of the probation or fails to abide by community standards as described in this handbook.
28.7 Suspension is an involuntary separation of the student from the institution. Suspension differs from dismissal because it implies and states a time limit when return will be possible. Suspension may extend for a semester, for a specified period, until a specifically designated date, or until a stated condition is met. Such action does not take effect until approved by the President of the University.
28.8 Dismissal is the involuntary enforced separation of the student from the institution. Such action does not take effect until approved by the President of the University.
29. Emergency Suspension Pending formal action on a violation of University regulations, the status of a student shall not be altered, or the right to be present on the campus and to attend classes suspended, except for reasons of imminent danger to his or her physical or emotional safety or well-being, or for reasons of imminent danger to the safety or well-being of the University community. The decisions to separate a student from the campus under these conditions shall be made only with the approval of the President of the University. If a student is separated from the campus by this authority, the procedures outlined in Sections 24-25 shall be implemented only if requested in writing by the separated student. If requested, every effort will be made to offer a hearing within 15 class days after the separation. A student separated from campus by this authority must remain separated until the hearing is held. If more than one semester elapses from the time of the Emergency Suspension to the time the student requests a hearing, the hearing will always be an administrative hearing.
30. Rights and Responsibilities in the Judicial System
30.1. Rights and Responsibilities of Accuser/ Complainant/ Victim (referred to henceforth as "complainant")
a. A complainant has 30 business days after alleged incriminating evidence is known or available to request formal disciplinary action. In cases of continuing misconduct or in rare and exceptional circumstances, this 30-day requirement may be extended.
b. A complainant student has the right to choose mediation, if acceptable to the charged student and the University
c. A complainant who has been victimized by the violation has a right to know the outcome of the case but has an obligation to keep confidential information shared regarding the charged student and her/ his judicial outcome.
d. A complainant or witness has the right to have the hearing process explained by a judicial administrator.
e. In cases of a particularly sensitive nature, a complainant may have an advisor with him/ her when in the hearing room. The advisor must be a member of the University community and is there to give personal support but does not participate in the hearing.
f. A complainant has the right to submit a victim impact statement, verbally or in writing, to the hearing board or officer determining the sanction.
g. A complainant has the right to have his or her past, unrelated behavior excluded from the hearing on the facts of the case.
h. The complainant has the right to request a change of on-campus residence, if needed.
i. The complainant has the right to present witnesses to the board or hearing officer.
j. A complainant has the responsibility to be cooperative, polite and truthful in all interactions with the hearing officer or the board.
k. Acomplainant has the responsibility to provide the hearing officer or board advisor with the names of witnesses and any documentation necessary to the case.
30.2. Rights and Responsibilities of Accused/ Charged Student
a. Charged students have the right to procedural due process; that is the procedures outlined in the handbook must be followed.
b. A charged student has the right to choose mediation, if acceptable to the complainant and the University.
c. A student has the right to be notified in writing of all charges.
d. A charged student has the right to accept or deny responsibility.
e. A charged student has the right to select a hearing option according to the student handbook guidelines.
f. A charged student has the right to present witnesses.
g. Acharged student has the right to submit oral or written statements in his/ her behalf.
h. A charged student has the right to question witnesses.
i. Astudent who is or may be facing judicial charges has the right to have an advisor present at any stage of the judicial process. See section 33.
j. A charged student has the right to have the hearing process explained by a judicial administrator.
k. Acharged student has the responsibility to get a list of witnesses to the hearing advisor at least 24 hours before the hearing.
l. A charged student has the responsibility to be cooperative, polite and truthful in all interactions with the hearing officer or the board.
m. A charged student has the right to appeal the decision of the hearing board or officer as explained in the student handbook.
n. A charged student has the right to be informed of the outcome of the hearing.
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