Conduct Review Process

The Johnson & Wales Conduct Review Process, like the Student Code of Conduct , is designed to help the university maintain a safe, healthy and positive environment for living, learning and working, where individuals act lawfully and in compliance with university policies and rules, and act with honesty, integrity, civility and respect for themselves and others and the university community and the communities in which we live. The Conduct Review Process is used to support and enforce the Student Code of Conduct by providing procedures for determining whether a student is responsible or not responsible for a violation of the Student Code of Conduct.

The university administers the Conduct Review Process in good faith, making every reasonable effort to be fair to all involved. Students have the right to participate in the Conduct Review Process without having past student conduct violations discussed or used when a decision of responsibility is being made concerning a current alleged violation; however, past violations may be considered when determining a sanction for an individual found to be responsible for a violation of the Student Code of Conduct. All students have the obligation to participate in the Conduct Review Process, as a witness or otherwise, when asked by a university representative.

Student Conduct generally follows the procedures under JWU Communications with Students  whenever contact with students is necessary.

The university’s Conduct Review Process does not serve as an extension of or replacement for the local, state or federal civil or criminal court system. In addition, the outcome of civil or criminal proceedings concerning a violation will not control or be binding on the outcome of the Conduct Review Process for the same violation.

All students should be aware that it is the policy of the university to cooperate with local, state and federal law enforcement authorities in the investigation of crime. The university will not provide a sanctuary against criminal prosecution.

How the Conduct Review Process Works

Reports of Violations and Notification

Any individual who witnesses or becomes aware of an alleged violation of the Student Code of Conduct should report the violation to Campus Safety & Security, any member of the Residential Life staff, the dean of students or Student Conduct. Once an alleged violation is reported, an incident report will be prepared by Campus Safety & Security (or by a faculty member when appropriate) describing the nature and circumstances of the incident and the parties involved. Campus Safety & Security may conduct further investigation if additional or supplemental information is needed. All incident reports are reviewed in Student Conduct and those that warrant action are then referred for either an educational conversation or a hearing, depending upon the nature of the alleged violation.

There are 2 types of hearings at Johnson & Wales: administrative hearings and panel hearings. Administrative hearings are held before a single hearing officer from Residential Life or Student Conduct, depending on the nature of the violation. Panel hearings are conducted in front of a panel made up of 3 trained panelists. In both cases, the role of the hearing officer or panel is to consider information provided from the investigation, respondent and, to the extent necessary, any complainants or witnesses, in order to make a finding of “responsible” or “not responsible.” More serious violations that may result in a sanction of dismissal or suspension, and violations of academic integrity, are referred to a panel hearing, while less serious violations are referred for an administrative hearing.

When an incident report is referred for a hearing, the student will receive a notification describing the alleged violation and indicating the time and place for the hearing or pre-hearing conference. Students have the right to access their education records under certain conditions (see Family Educational Rights and Privacy Act for university policies on access to and release of student records).

Student Conduct will consult the student's academic schedule prior to scheduling any conferences or hearings. Any unexcused failure to attend a hearing or conference will result in the hearing being held in the student's absence, at which the hearing officer or panel will not have heard the student's side of the story. If there is a legitimate need to reschedule a hearing or conference, the student must contact the hearing officer as early as possible before the scheduled date to request rescheduling.

Hearing Procedures

A student may bring any relevant materials and witnesses with personal, relevant knowledge of the incident to the hearing. A student may also bring an advisor. Advisors may attend the hearing with the student, but cannot participate in any manner. If there is a legitimate conflict of interest related to the advisor, Student Conduct reserves the right to disqualify an advisor. The student would then be required to obtain a new advisor. When possible, the hearing officer will make reasonable adjustments in order to accommodate an advisor’s schedule. However, the hearing officer is not obligated to reschedule meetings and/or hearings to accommodate the advisor. A student may select a new advisor in the event of a scheduling conflict. Except for witnesses and advisors, additional people may not attend the hearing with the student.

At a pre-hearing conference (for panel hearings) or before the hearing gets underway (for administrative hearings), the student may be asked whether the student wishes to waive the hearing by acknowledging responsibility. If the student acknowledges responsibility, sanctions will be imposed and the student will not be entitled to an appeal. If the student does not acknowledge responsibility, the hearing will proceed and the hearing officer or panel will

1. outline the process
2. review the incident report and/or allegations, and any supplemental information
3. hear any statements relating to the incident
4. hear or review the statements of witnesses with personal, relevant knowledge of the incident (but other witnesses, such as character witnesses, will not be allowed to attend or be heard)
5. hear or review the statements of other relevant witnesses (and where confidentiality is a consideration, the identity of such witnesses will not be disclosed to the student)
6. either defer the decision or render a decision of "responsible" or "not responsible." Hearing officers and panels use the "more likely than not" standard to evaluate alleged violations.
7. if the student is found responsible, recommend 1 or more sanctions to the director of student conduct

The director of student conduct will review the recommendation and make a final determination of appropriate sanction(s) (taking into consideration prior conduct violations). The student will receive a final written decision, which will set forth the final result and the sanction(s) imposed. The written decision will include information regarding the appeal process and the deadline for filing an appeal.

Appeal

The decision of the hearing officer (for administrative hearings) or the panel (for panel hearings) is final unless it can be demonstrated that 1 of the following has occurred:

1. Relevant, new information has come to light since the decision was made.
2. The Conduct Review Process, as outlined, was not followed.

To request an appeal, a student must submit a request in writing to Student Conduct. The request must be submitted within 3 business days after the date of notification of the outcome of the hearing and must state clearly the basis for the appeal. The appeal will be reviewed upon receipt, and a decision concerning the appeal will be available within a reasonable time. The appeal will either be granted, remanding the case back for a new hearing, or denied. The decision of the appeal officer will be final.

The student will receive a final written decision from the appeal officer, which will set forth the outcome of the appeal.

Rights of the Complainant and Respondent (the "Parties") for Complaints of Sexual Harassment, Sexual Assault, Sexual Exploitation, Dating Violence, Domestic Violence and Stalking

For complaints of sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence and stalking, the parties will have the following rights in connection with the Conduct Review Process:

• The right to an investigation and resolution that is prompt, fair and impartial from the initial investigation to the final result as required by applicable law
• The right to a hearing conducted by unbiased university officials who receive annual training on issues related to sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence and stalking, and how to conduct an investigation
• The right to a hearing process that protects the safety of the parties and promotes accountability. Hearing officers and panels use the "more likely than not" standard to evaluate alleged violations.
• The right to present relevant materials and witnesses with personal, relevant knowledge of the incident as outlined above
• The right to be accompanied to the hearing and any related meeting by an advisor of their choice. The advisor may accompany the student, but may not participate in any manner. If there is a legitimate conflict of interest related to the advisor, Student Conduct reserves the right to disqualify an advisor.
• The right to be informed in writing of the outcome of the hearing and any appeal, including when such results become final. This includes disclosure to the parties of any sanction imposed that pertains to a sex offense and any sanction imposed that directly relates to the complainant with respect to other alleged sexual harassment violations. The parties do not need to submit a request for such information. In addition, for any crime of violence, the university will, upon written request and in accordance with applicable law, disclose to the complainant all sanctions imposed against the respondent. If the complainant is deceased as a result of the crime of violence, the outcome of the hearing and sanctions will be provided to the complainant's next of kin if so requested.
• The right to request an appeal as outlined above (under Appeal). A student who acknowledges responsibility will not be entitled to an appeal.

The university will take steps to prevent the recurrence of any harassment, correct any discriminatory effects on the complainant and others, and implement protective or interim measures (such as No Contact Orders, room relocations, classroom relocations, interim suspensions, etc.) as requested and required by law. The university will complete the Conduct Review Process within a reasonably prompt time frame, usually within 60 days, but will allow for the extension of time frames for good cause with written notice to the complainant and respondent of the delay and the reason for the delay.

Retaliation, including intimidation, threats, coercion or discrimination, against any individual who has made a good faith complaint, or who has participated in the Conduct Review Process, is unlawful and in violation of university policy. Anyone found to have engaged in retaliation will be subject to disciplinary action up to and including dismissal or termination from the university.

Questions?

For questions regarding the Student Code of Conduct , the Conduct Review Process or Sanctions for Individuals , please contact Student Conduct at your campus:

• 401-598-2885 (Providence Campus)
• 305-892-7602 (North Miami Campus)
• 303-256-9591 (Denver Campus)
• 980-598-1820 (Charlotte Campus)