Judicial Procedures
- Complaint
Any member of the University Community may initiate a complaint against a student by filing a report with the Office of Judicial Affairs and Community Standards. If there are grounds for judicial action, the student will be notified by letter of the alleged incident, time, date, and location of his or her disciplinary meeting. As stated in the student's notice, failing to attend or re-schedule will be treated as if the student is not contesting the charges, and a decision will be made based upon the information received.
- Notice
The student will receive an explanation of the incident and an explanation of the specific charge statement. This will serve as formal notification of the charges, and will outline various resolution options, and the student's procedural rights.
- Student Response Form
Students accused of a violation of the University Conduct Code have the choice to submit a Student Response Form. This form, available to students at the Office of Judicial Affairs and Community Standards, provides an opportunity for the student to put in writing his or her own personal account of the incident. The information contained within the Student Response Form is then taken into consideration at the proceedings.
- Disciplinary Meeting
During the Disciplinary Meeting the student will be encouraged to discuss and review the charges being brought against him or her. The student may ask questions regarding the charges, the judicial process as well as the possible outcomes of the meeting. During the Disciplinary Meeting, the student charged will have the right to choose between the following options (with the consensus of the Office of Judicial Affairs and Community Standards):
A. Accepting responsibility for his/her actions, and verifying that the charges issued against him/her are correct. If this option is chosen, the student requests that the situation be resolved through an administrative agreement. (See: Decision Making Bodies Regarding Student Conduct.); or,
B. Deny responsibility for the charges, and request an administrative hearing officer to review the case or complete an administrative agreement at that time. (See: Decision Making Bodies Regarding Student Conduct.); or,
C. If the outcome of the alleged violation could result in a sanction of suspension or expulsion from the University, the Office of Judicial Affairs and Community Standards shall prepare and present to the accused a written notice of the charges and give the accused the option of selecting, with the consensus of the Office of Judicial Affairs and Community Standards, their case being heard by:
- University Disciplinary Committee (UDC)
- University Hearing (UH)
At times the University may select not to give the student an option and send the case to either a UDC or UH. The notification will be given at least two calendar days prior to the hearing. (See: Decision Making Bodies Regarding Student Conduct.);
D. Additionally, in a case of alleged violation of the Conduct Code, the Vice President of Student Affairs and the Provost, or their designees, acting in concert and at their option, may remove a case from the University's judicial system, whenever, in their discretion, such removal is believed to be in the best interest of the accused student or the University community. In the event of such removal, they shall have the sole and unreviewable discretion to conduct hearings, if any, upon notice, and impose such sanctions as they, acting jointly, may deem appropriate.
Decision Making Bodies
- Administrative Agreement
Members of the RWU community may choose, with the consensus of the Office of Judicial Affairs and Community Standards, to waive their right to a hearing and instead accept a sanction imposed by the Administrator.
Although there is no formal appeal of an administrative agreement, cases that result in a temporary or permanent removal from the residence halls may be appealed to the Dean of Students or his or her designee. In order to secure an appeal, a written request must be submitted within two business days following the receipt of the notice of the decision.
It is at the discretion of the Dean of Students, or his or her designee, whether a personal meeting is necessary prior to deciding whether an appeal should be granted. The Dean of Students may choose to stay with the present sanction, alter the sanction, or refer the case back for a new hearing. No more than one appeal will be granted for the same disciplinary referral. This appeal process is also applicable for an Administrative Hearing.
- Mediation
In lieu of adjudication, members of the RWU community may choose, with the consensus of the Office of Judicial Affairs and Community Standards, mediation. Mediation uses a neutral third party to help resolve disputes, leaving resolution in the hands of the disputing parties.
- Formal Hearings
Any student against whom a formal complaint has been filed has the right to a fair Hearing. This Hearing allows the student the chance to respond to the charges filed. At Roger Williams University, these Hearings take three forms:
A. Administrative Hearing Officer
B. University Disciplinary Committee (UDC)
C. University Hearing (UH)
Roger Williams University strives to assure fundamental fairness in the adjudication of all student judicial cases. However, University judicial procedures are not identical to the rights afforded the accused in a civil or criminal proceeding. Judicial procedures will be adhered to as faithfully as possible, but variations dictated by circumstances will not invalidate the process. Hearings are conducted according to the rules laid out in this handbook.
Any relevant matter upon which responsible persons customarily rely on in the conduct of serious affairs shall be considered, regardless of the existence of any common law or statutory rule which may make some evidence inadmissible in civil or criminal action. Information and evidence which is redundant or immaterial may be excluded from the judicial proceedings. Recordings of hearings are not permitted. The decision at any Hearing shall be based only upon information and testimony introduced at the Hearing.
Formal or technical rules of evidence are not used as in civil and criminal proceedings; thus, a lower standard of proof is required to reach a conclusion. A decision shall be entered against the accused student only if a violation is proven by a preponderance of evidence; that is, the greater weight of the information which the judicial body finds credible and convincing warrants a finding of in violation.
The Office of Judicial Affairs and Community Standards is charged with the responsibility of advising and informing the judicial body with respect to procedures and sanctions imposed previously for similar offenses in order to provide consistency within the Judicial System.
Upon determining that a student has violated the Conduct Code, the Hearing Officer may review the accused student's history and impose one or more of the sanctions as defined elsewhere in this Handbook, or may devise sanctions seeming more appropriate to the violation(s).
The Hearing Officer may also recommend that the case be heard by the UDC, or a UH, in light of the seriousness of the issue. If the Director of Judicial Affairs and Community Standards accepts the recommendation, the UDC or the UH will be treated as an original Hearing for procedural purposes.
A. Administrative Hearing
Cases serious enough to warrant action, but not expected to result in suspension or expulsion from the University, are assigned by the Office of Judicial Affairs and Community Standards to an Administrative Hearing. The decision of the administrator and the sanction imposed, if any, will be binding. Although there is no formal appeal of an Administrative Hearing, cases that result in a temporary or permanent removal from the residence halls may be appealed to the Dean of Students or his or her designee. Refer to the Administrative Agreements section of this handbook for the appeal process. Administrative Hearing Officers are empowered to impose all sanctions except a suspension or expulsion from the University.
B. University Disciplinary Committee (UDC)
The UDC will adjudicate cases referred to it by the Office of Judicial Affairs and Community Standards. The UDC will hear cases which could result in suspension or expulsion from Roger Williams University. The UDC shall adjudicate all cases at a time arranged by the Office of Judicial Affairs and Community Standards.
The UDC shall be comprised of four members. One is a non-voting member from the Administrative constituency that serves as the Chairperson. There shall be one voting member from each of the following constituencies: Administration, Faculty, and Students. One member from each constituency shall be selected from a pool of no more than ten constituent representatives. Members from each constituency shall be selected by the Office of Judicial Affairs and Community Standards based upon constituent representatives availability at the time of the Hearing. One representative from each constituency must be present to hold a Hearing.
For each UDC Hearing, a representative of the Administrative constituency shall be selected by the Office of Judicial Affairs and Community Standards to serve as the non-voting Chairperson of the UDC presiding and conducting the Hearing. This Chairperson shall not be the voting member of the UDC representing administration. This appointed Chairperson is charged with the responsibilities of conducting the meeting, and advising and informing members of the UDC with respect to procedures and sanctions imposed previously for similar offenses in order to provide consistency for Hearings and sanctions.
Any UDC member who was involved in the initial investigation, and who is expected to be a witness, or has a special bias or interest, is expected to disqualify him/herself. The accused student or the complainant has the right to challenge any member for the above reasons or any other valid reason. In addition, the Chairperson may, for good reason, disqualify any member. If disqualification is sustained by a majority of the UDC members present and voting, another member of the UDC, of the same constituency as the disqualified member, shall serve on the UDC or, if such person is unable to serve, then the remaining members of the UDC shall appoint a disinterested person of the same constituency as the disqualified member to serve on the UDC.
The UDC will deliberate in private and render decisions by majority vote. The UDC may continue its particular Hearing to another time at its discretion, but must give all parties concerned notice of its continuance. Except in extraordinary circumstances, a continuance shall extend no more than 72 hours. Written notice of the decision (including sanction) will be given to the accused student within three business days from the conclusion of the UDC hearing.
Upon determining that a student has violated the Conduct Code, the UDC may impose one or more of the sanctions as defined elsewhere in this Handbook, or may devise sanctions seeming more appropriate to the violation(s) as determined by the Chairperson and the members of the UDC. The UDC is empowered to invoke suspension or expulsion.
For information regarding the appointment process of members of the UDC, contact the Office of Judicial Affairs and Community Standards.
During vacation periods and/or when UDC members might generally be unavailable or during any vacancy that cannot be filled on the UDC, a University staff member, as selected by the Vice President of Student Affairs, or his or her designee, shall discharge all responsibilities and otherwise exercise all functions of the UDC.
C. University Hearing (UH)
The student may choose, with the consensus of the Office of Judicial Affairs and Community Standards, to have a University staff member, as selected by the Vice President of Student Affairs, or his or her designee, accept all responsibilities and otherwise exercise all functions of the UDC as outlined above. At times the University may select not to give the student an option and send the case to either a UDC or UH.
Rights of an Accused Student
With respect to an initial Hearing before an Administrative Hearing Officer, UDC, or UH the following rights will be afforded to an accused student:
- Written notification of charges, with a brief specification thereof, with the date (approximate if necessary) and place of the alleged violation, and the date, time, and place of the Formal Hearing.
- A copy of the Administrative Hearing, UH, or UDC agenda. This agenda will be included with the notice of charges.
- Reasonable time to prepare the case after receiving notice of the charge. Normally the Hearing will be held no earlier than two days and no later than seven days from the date of notice. UDC cases will be held as soon as possible.
- The right to be present and the opportunity to be heard at this Hearing. Whether or not the student exercises this right, the Hearing will be held and the student is bound by the decision rendered.
- The right to present evidence and witnesses on his or her behalf. Witnesses may not be disruptive in any manner; otherwise, the Hearing Officer, UDC chairperson, or UDC board may dismiss them from the Hearing. All witnesses names and documents must be provided to the Office of Judicial Affairs and Community Standards at least two business days prior to the hearing.
Upon request, the Office of Judicial Affairs and Community Standards will also provide their witnesses names and documents two business days prior to the hearing of the accused. However, in some cases, because of the sensitivity of the violation, the University may choose not to release the name of a witness prior to the hearing. In such cases, the University will make every effort to provide statements to assist the accused in his or her defense.
Hearing Agenda
Only information directly related to the incident is admissible during the Hearing. No recording, of any type, of the Hearing is allowed.
Each party should meet with the Director of Judicial Affairs and Community Standards, or his/her designee, to have a review of their rights and responsibilities as outlined in this Handbook. During this meeting various issues can be clarified: the rights of the accused or complainant, the agenda of the UDC or University Hearing, the appeal process or any other student concern related to their involvement during the Hearing and appeal process. If there is a finding of in violation by the UDC or UH, the accused is encouraged to meet with the Director of Judicial Affairs and Community Standards to receive guidance and clarity on questions pertaining to complying with the imposed sanctions (if any).
Only if the accused is found in violation and sanctioned to a removal from housing or a suspension or expulsion from the University may an appeal request be submitted (See the Appeal section in this handbook).
Appealing a Judicial Decision
Cases that result in a temporary or permanent removal from the residence halls may be appealed to the Dean of Students or his or her designee. In order to secure an appeal, a written request must be submitted by the student within two business days following the receipt of the notice of the decision. It is at the discretion of the Dean of Students or his or her designee whether a personal meeting is necessary prior to deciding whether an appeal should be granted.
The Dean of Students or his or her designee may choose to stay with the present sanction, alter the sanction, or refer the case back for a new hearing.
Cases that result in a suspension or expulsion from the University may be appealed by the student to the Vice President of Student Affairs or his or her designee.
Only the accused student has the right to appeal. The appeal must be written by the student. When a case is appealed, the following regulations and procedures shall apply and the following rights can be afforded:
- In order to secure an appeal, the aggrieved party must submit a written request to the Vice President of Student Affairs or his or her designee for cases originated by the UDC or UH within two full business days (Mon.-Fri.) following such aggrieved party's receipt of the notice of the decision. Failure to submit such a request in the manner prescribed will be deemed a waiver of the right to appeal.
- The written appeal must include demonstration of one or more of the following reasons for requesting an appeal:
a. Specification of procedural errors alleged to have been committed during the original Hearing, which would have materially affected the outcome of the original Hearing;
b. Specification of the claim of new evidence not previously available or known which would have materially affected the outcome of the original Hearing. A detailed account of the specific new evidence the accused wishes to bring forth must be clearly indicated;
c. Imposed sanction (s) not appropriate for the violation (s) committed.
The Vice President of Student Affairs, or his or her designee, for the UAB, shall determine the sufficiency of any request for appeal. The appeal shall be remanded to the appropriate body for Hearing or shall be denied if the appeal procedures and/or criteria are not satisfactory. The Vice President of Student Affairs' determination not to hear an appeal is final and binding and conclusive of all parties. If an appeal is granted, it shall be heard at a meeting scheduled as soon as practical by the Vice President of Student Affairs. The UDC Chairperson or Hearing Officer who heard the case shall attend this meeting to answer any questions.
The sanction imposed by the UDC or UH will remain in effect until the decision of the UAB is rendered. Unless the UDC or UH, in its decision, expressly provides that the sanction imposed shall not take effect until after the expiration of the time within which an appeal may be taken and, if an appeal be taken and a Hearing therein allowed, until after the outcome of the appeal Hearing.
With respect to the UAB, the Vice President of Student Affairs, or his/her designee, shall notify the parties of the date, time, and place of the appeal Hearing. An agenda will be provided at this time.
Both the accused student and the complainant have the right to be present and the opportunity to be heard at the appeal Hearing. Whether or not this right is exercised, the Appeal Hearing will be held and the parties bound by the decision rendered. The Vice President of Student Affairs will determine the appropriate format for the Appeal Hearing.
Should a student appeal a decision, the sanction imposed shall remain in effect through the appeal process, unless otherwise stipulated by the Hearing Body.
An aggrieved party is limited to one appeal and, in any event, any decision of the UAB or Vice President of Student Affairs is final.
University Appeal Board (UAB)
The University Appeal Board shall hear cases as referred by the Vice President of Student Affairs or his or her designee. The UAB shall be composed of three members: the Vice President of Student Affairs, the President of the Student Senate and one faculty member appointed by the Provost.
During vacation periods and/or when UAB members might generally be unavailable or during any vacancy that cannot be filled on the UAB, the Vice President of Student Affairs, shall discharge all responsibilities and otherwise exercise all functions of the UAB.
The UAB or the Vice President of Student Affairs serve as the final appeal body for cases originated with the UDC or UH.
The UAB may reverse or affirm the decision of the UDC or UH. Additionally, the UAB has the power to increase or decrease the severity of the sanction(s) imposed by the UDC or UH and may utilize any one or more of the sanctions described in this Handbook or may elect to impose a penalty of its own devising, deemed appropriate. In every instance, the sanctioned party shall have abided by all the procedures pertaining to appeal as set forth in this Handbook.
Legal Assistance
If you are arrested and cannot afford an attorney, you may ask the court to appoint an attorney for you. If you are in a position of being able to pay for a lawyer and would like a referral, you may contact the Rhode Island Bar Association's Lawyer Referral and Information Service, who may be able to direct you to an attorney who concentrates in the problem area. Go to www.ribar.com/public/needalawyer.asp, or phone (401) 421-7799.
Liability
Roger Williams University will not assume liability for damage or theft of personal items while on property owned or controlled by the institution. Students may, at their own expense, secure adequate personal insurance to cover their possessions while attending the University.