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. Students have the obligation to participate in the Conduct Review Process, as a witness, when asked by a university representative.

Community Standards and 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 Community Standards and Conduct. Once an alleged violation is reported, an incident report will be prepared by Campus Safety & Security and/or Residential Life (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 Community Standards and 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 two types of hearings at Johnson & Wales:

• Administrative hearings are held before a single hearing officer, designated by Community Standards and Conduct, depending on the nature of the violation. Less serious violations are referred for an administrative hearing.
• Panel hearings are conducted in front of a panel made up of three trained panelists. More serious violations that may result in a sanction of dismissal or suspension, and violations of academic integrity, are referred to a panel hearing. Prior to the panel hearing, students will be asked to attend a pre-hearing conference to review any incident reports and/or supplemental documentation and to review the Conduct Review Process with the hearing officer. 

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".

When a student 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).

When a student is referred for an educational conversation, the student will not be charged with any violations of the Student Code of Conduct or receive any sanctions. However, a staff member will engage the student in a conversation to ensure that the student understands the behavioral expectations of Johnson & Wales University. Students who fail to attend an educational conversation will receive a hold on their account preventing future registration until they attend an educational conversation.

The hearing officer will consult the student's academic schedule prior to scheduling any meetings or hearings. Any unexcused failure to attend a hearing will result in the hearing being held in the student's absence. The hearing officer or panel will then make a decision based on the available information, without the benefit of the student's participation in the hearing. If there is a legitimate need to reschedule an educational conversation, pre-hearing conference, or hearing, the student must contact the hearing officer as early as possible before the scheduled date to request rescheduling.  The hearing officer will determine whether the request to reschedule is reasonable. Meetings and hearings may be held in person or via telephone/video conferencing. 

When an incident report is received that involves a student respondent, not currently enrolled in classes, the student will receive a hold on their account preventing future registration until the conduct matter is resolved. 

Students requesting an accommodation to fully participate in the Conduct Review Process shall contact Accessibility Services/the Center for Academic Support on their respective campus. A representative from Accessibility Services/the Center for Academic Support will make a determination regarding the request.

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 have an advisor of their choice present in person with them during the hearing and any related meetings. Advisors may attend the hearing with the student, but cannot participate in any manner. If the student would like to consult their advisor during the course of the hearing, they may request a brief recess to speak with their advisor privately outside the hearing room. It is the hearing officer's discretion as to the reasonable nature of the request. If Community Standards and Conduct determines there is a legitimate conflict of interest related to the advisor, Community Standards and 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 the pre-hearing conference (for panel 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, or for administrative hearings, the hearing will proceed and the hearing officer or panel will

• outline the process
• review the incident report and/or allegations, and any supplemental information
• hear any statements relating to the incident
• 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). Where confidentiality is a consideration, Community Standards and Conduct may determine that the identity of witnesses will not be disclosed to the student.
• 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.

If the student is found responsible of one or more violations, the hearing officer will 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 one of the following has occurred:

1. There is relevant, new information that was not available at the time of the hearing.
2. The Conduct Review Process, as outlined, was not followed.

To request an appeal, a student must submit a request in writing to Community Standards and Conduct. The request must be submitted within five 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 five business days after the appeal has been received. When the appeal review is unable to be completed within the five-business day time frame, the parties will be notified of the delay and reason for the delay. The sanction(s) outlined in the outcome notice will not go into effect until the conclusion of the appeal process. If interim measures were placed, those conditions will remain in effect until the conclusion of the appeal process. 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 an investigation and a hearing conducted by unbiased investigators and 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 have an advisor of their choice present in person during the hearing and any related meetings. The advisor may accompany the student, but may not participate in any manner. If the student would like to consult their advisor during the course of the hearing, they may request a brief recess to speak with their advisor privately outside the hearing room. It is the hearing officer's discretion as to the reasonable nature of the request. If Community Standards and Conduct determines there is a legitimate conflict of interest related to the advisor, Community Standards and 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 non-appealing party will have the opportunity to review the appeal and submit a response. The appealing party will not have the opportunity to comment on the non-appealing party's response. 

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 Community Standards and 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)