Group Conduct Review Process

When

• members of the group act in concert with respect to misconduct;
• the individual committing the misconduct was either acting on behalf of the group or engaged in a group-sponsored, -financed or -endorsed activity;
• the misconduct grows out of, occurs during, or is related to any group-sponsored, -financed or -endorsed activity, event or environment created by the group;
• the group’s leaders have knowledge of the misconduct or incident before or while it occurred and failed to take corrective action; or
• a pattern of individual misconduct by group members is found to exist

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

Community Standards and Conduct generally follows the procedures under JWU Communications with Students whenever contact with students or a group is necessary.

The Group Conduct Review Process does not replace the Conduct Review Process with respect to individual students, nor does it 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 university’s Group Conduct Review Process for the same violation.

All groups 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 Group 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 Student Involvement & Leadership 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 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 that imply group involvement 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 are referred to a panel hearing. Prior to the panel hearing, the group's president or the president's designee 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 an incident report is referred for a hearing, the group’s president or the president's designee will receive a notification describing the alleged violation and indicating the time and place for the hearing or a pre-hearing conference.

When a group is referred for an educational conversation, the group 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 group understands the behavioral expectations of Johnson & Wales University. 

Any unexcused failure to attend a hearing or conference will result in the hearing being held in the absence of the group’s president or the president's designee. The hearing officer or panel will then make a decision based on the available information, without the benefit of the group's participation in the hearing. If the group has a legitimate need to reschedule a hearing or conference, the group’s president or the president's designee must contact the hearing officer as early as possible before the scheduled hearing or conference 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. 

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

The group’s president or the president's designee may participate in the Group Conduct Review Process. The group may bring any relevant materials and witnesses with personal, relevant knowledge of the incident to the hearing. The group may also have an advisor of their choice present in person during the hearing and any related meetings. Advisors may attend the hearing, but cannot participate in any manner. If the group's president or the president's designee 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 group 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 group may select a new advisor in the event of a scheduling conflict. Except for witnesses and advisors, other people may not attend the hearing with the group.

At a pre-hearing conference (for panel hearings), the group’s president or the president's designee may be asked whether the group wishes to waive the hearing by acknowledging the group’s responsibility in the incident. If the group acknowledges responsibility, sanctions will be imposed and the group will not be entitled to an appeal. If the group 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 group.
• 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 group is found responsible of one or more violations, the hearing officer will make a final determination of appropriate sanction(s) after consultation with the director of student involvement & leadership or their designee (taking into consideration the group’s prior conduct violations). The group will receive a final written decision, which will set forth the final result and the sanction(s) imposed. The written decision will also include information regarding the appeal process and 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. That there is relevant, new information that was not available at the time of the hearing.
2. The Group Conduct Review Process, as outlined, was not followed.

To request an appeal, a group 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 5-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 group will receive a final written decision from the appeal officer, which will set forth the outcome of the appeal.

Retaliation, including intimidation, threats, coercion or discrimination, against any individual who has made a good faith complaint, or who has participated in the Group 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, Group Conduct Review Process or Sanctions for Groups, 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)