Introduction
A basic assumption of the University is that students are in control of their actions and responsible for themselves and for the choices they make while members of this community. When students choose not to abide by the rules established by and for their community, the Office of Judicial Affairs and Community Standards is charged with reviewing all incidents reported to it and holding students responsible for their actions.
The following sanctions represent examples of judicial action that might be imposed for violation of the Conduct Code. The list is not exhaustive because there is an effort on the part of the University to make sanctions fit the violation and to impose a sanction that is suited to the violation, and is educational.
Failure to comply with a judicial sanction is a violation of the Conduct Code that has been designed to promote and maintain a healthy community. To ignore or fail to complete a sanction may result in a fine, withholding of records, an increased penalty, or may be cause for suspension when it becomes clear that the student does not intend to abide by the rules of the community.
Any and all sanctions that are not completed may be converted to fines by the Office of Judicial Affairs and Community Standards and billed to the student account (See: Fines and Restitution).
The Office of Judicial Affairs and Community Standards may place a hold on academic transcripts and not permit a student to withdraw or graduate if serious charges are pending against the student in the judicial system. These transcripts will be released upon adjudication of the case.
Sanctions for Substance-Abuse Related Violations
Roger Williams University is an institution committed to creating a campus environment that is conducive for our students to academically achieve and excel. We are deeply concerned about the extent to which some students engage in underage consumption of alcohol, unlawful use of drugs, and/or consumption of alcohol or other drugs to a degree that renders them in need of emergency medical intervention, disrupts the community, or requires other extraordinary assistance.
Studies clearly show that the use of illegal substances and the misuse of alcohol adversely impacts on a student's ability to complete his/her college education. Abuse and underage use of alcohol and other drugs are serious problems throughout American higher education and society as a whole. We believe our process challenges students regarding their decision making in these matters.
The following sanctions are suggested guidelines for violations of the University Conduct Code regarding the alcohol and drug policy. The University reserves the discretion to determine appropriate sanctions for any infraction of the Code of Conduct. The sanctions explained below may be cumulative, and no sanction need be exhausted before any other sanction may be imposed. If a student's disciplinary record is clear for one calendar year, a new violation may be treated as a first offense. Sanctions may be tailored to specific situations. The following list is not exhaustive because the sanctions may be enhanced based on a past disciplinary record, the severity of behavior, or the impact upon the community.
A. Minimum sanctions for violating alcohol policy
- 1st violation Formal warning
- Wellness referral
- 50.00 fine
- Parent notification
- 2nd violation Residence Hall Probation
- Wellness referral or Educational Sanction
- 100.00 fine
- Parent notification
- 3rd violation University Probation
- Wellness referral
- Removal and Ban from Residence Hall (minimum 1 semester)
- Parent notification
- Next violation may result in removal from Roger Williams University
B. University Alcohol Quantity Policy
The University reserves the right to restrict common source containers of alcohol (empty or full), including but not limited to kegs, beer balls, or other items or activities that encourage the rapid consumption of alcohol. Such items and/or common sources will be confiscated and disposed of when discovered. Possession of a keg or other mass quantities of alcohol may result in removal from the residence hall.
The University believes the amount of alcohol available to legal aged students should be limited. Quantity limit per room for those of age is: 30 beers and 1 liter wine or hard alcohol. Not to exceed 60 beers and 2 liters of wine or hard alcohol per apartment, regardless of occupancy number. Violations of the quantity policy, regardless of age, will be given enhanced sanctions.
C. Students hosting alcohol gatherings are subject to a loss of residency.
Underage possession and serving to minors is not only a University infraction, but also a criminal violation. Please remember that you are responsible for your guest's actions and you must produce RWU ID when requested. Any resident, who permits their residence to be used for a gathering where alcohol is consumed by minors, and/or where a disruption to the community occurs, is subject to removal from University housing for a specific period of time.
This can result in a permanent removal from University housing and even a suspension from the University. (Please note that there is no financial rebate for any unused portion of housing as a result of disciplinary removal). Regardless of how the alcohol arrives, the room occupants will be held responsible for the violation in addition to other policy violations.
D. Minimum sanctions for violating drug possession policy
- 1st time violation: Temporary removal and ban from housing (minimum 1 week)
- University probation
- 100.00 fine
- Wellness referral
- Parent consultation
- 2nd time violation: Removal and ban from housing (minimum 1 semester)
- University probation
- 150.00 fine
- Wellness referral
- Parent consultation
- 3rd time violation: Suspension from RWU
- Sanction for drug distribution
- Minimum Suspension for 1 year
- Maximum Expulsion from RWU
Additional Sanctions for Conduct Code Violations
- Warning
A warning may be given for minor misconduct, to reprimand the student and give notice that further misconduct will be penalized. A warning may or may not be accompanied by other sanctions. The warning is recorded in the Office of Judicial Affairs and Community Standards, but is not reflected in the student's transcript. If sanctions are not completed, the Office of Judicial Affairs and Community Standards has the right to prevent students from graduating or registering for future semesters and may place a hold on all academic transcripts.
- Community-Based Sanctions
Community-based sanctions are given for misconduct which detracts from the health and/or safety of the community. These sanctions serve to hold the student responsible for the damage to, or disruption within, the University community of which he or she is a part, as well as, to provide educational development to assure that the student makes appropriate choices in the future. Community-based sanctions are recorded in the Office of Judicial Affairs and Community Standards, but are not reflected in the student's transcript.
- Fines and Restitution
A fine or restitution may be assessed. Failure to pay may also result in withholding of grades and records. This fine will be recorded and attached to the student's bill in the form of a "Disciplinary Levy". Failure to comply with the initial sanctions can result in additional fines not to exceed $200 per sanction.
- Community Service Hours
Community service contribution to the University for a specific number of hours may be assigned. These hours are not to exceed fifty (50) for each University Conduct Code violated. Failure to complete the initial hours will result in the additional sanction of a fine not to exceed $200 for each sanction not completed. Community work hours are recorded in the Office of Judicial Affairs and Community Standards, but are not reflected in the student's transcript.
- Denial of the Privilege of Operating or Parking a Motor Vehicle on Campus
Denial of the privilege of operating a motor vehicle on campus is recorded in the Office of Judicial Affairs and Community Standards and Public Safety, but is not reflected in the student's transcript.
- Educational Workshops
Educational workshops are designed to address specific behavior (i.e., Alcohol Awareness). The student may be required to attend one or more workshops for any violation. Failure to attend the scheduled workshop will result in the additional sanction of a fine not to exceed $200 for each sanction not completed. Educational workshops are recorded in the Office of Judicial Affairs and Community Standards, but are not reflected in the student's transcript.
- Referral to Another Party
A student may be required to meet with another individual or group (i.e., Substance Abuse Specialist). The number of meetings may be determined by the Hearing Officer, UDC, UAB or may be determined by the party to which the student has been referred. Should a student need an outside assessment, the student must personally (or through insurance) pay for all required treatment. Referrals are recorded in the Office of Judicial Affairs and Community Standards, but are not reflected in the student's transcript.
- Educational Sanctions
At times the Hearing Officer, UDC, or UAB may feel it appropriate to assign a project, paper, and/or assignment which will assist the student in gaining the knowledge needed to make appropriate choices. Failure to complete educational sanctions will result in the additional sanction of a fine not to exceed $200 for each sanction not completed. Educational sanctions are recorded in the Office of Judicial Affairs and Community Standards, but are not reflected in the student's transcript.
- Probation
Probation may be levied for repeated misconduct or for more serious misconduct. Probation may, but must not necessarily, precede more serious sanctions, such as: Suspension or Removal from Residence, or Suspension from the University. The probation imposed may be either Residence Hall Probation or University Probation.
A. Residence Hall Probation
Residence Hall Probation serves to officially warn a student that he or she is in violation of community standards and that further violations can result in the denial of the privilege of on-campus housing. This probation may be given for either a specified or unlimited period of time. Residence Hall Probation is recorded in the Office of Judicial Affairs and Community Standards, but is not reflected in the student's transcript.
B. University Probation
University Probation is probation as defined above but is intended to serve notice that if future violations occur, suspension or expulsion from the University may result. University Probation is recorded in the Office of Judicial Affairs and Community Standards, but is not reflected in the student's transcript.
- Removal from Residence
Removal from Residence may be given when serious and/or repeated misconduct in the residence community warrants separation of the student from that community. Removal from Residence is recorded in the Office of Judicial Affairs and Community Standards, but not on the student's transcript. Removal from Residence will include a ban from residing in or visiting any residence facility operated by the University for a stated period of time.
- Emergency Removal from the Residence Hall
In urgent situations, the Vice President of Student Affairs or his or her designee, may temporarily remove a student pending a Hearing. Such removals will occur only if, in the Vice President's judgment, the student is a danger to him/herself or other members of the University community or a disruptive/disorderly community member unnecessarily infringing on the rights of others, including the University. In such instances the appropriate Hearing body will convene as soon as practical to hear the case.
During the time of removal the student is not eligible for any housing refund. The student may, at the discretion of the Vice President of Student Affairs, be banned from other areas of the campus if appropriate. The student will still be permitted to attend classes.
As soon as practical after the removal, the Office of Judicial Affairs and Community Standards shall prepare and deliver to the removed student, a notice of charges and other matters in conformance with the requirements contained in the Procedures section of this Handbook. The complainant at the resulting Hearing shall be the aggrieved party.
- Suspension from the University
Suspension from the University may be imposed for misconduct which warrants temporary separation of the student from the University. The misconduct and the sanction are recorded in the Office of Judicial Affairs and Community Standards. During the time of the suspension, the student's transcripts are stamped: "Disciplinary Suspension from RWU." A student must petition the Office of Judicial Affairs and Community Standards following the term of their suspension and request the removal of the notation in order for it to be removed from their transcripts.
Transcripts, and other academic records, are withheld if any disciplinary fines, community service work hours, other responsibilities, or any other sanctions are not settled with the University. During suspension, the student is considered persona non grata (unwelcome) and, therefore, banned from all University properties and functions. During cases of Sexual Assault, a sanction of Suspension for no less then one semester will be assigned.
Suspension may be for a stated period of time or for an indefinite time. In either case, application must be made to the Office of Judicial Affairs and Community Standards and should contain evidence that the time has been used constructively in order to support the request for reinstatement. The Office of Judicial Affairs and Community Standards will consult in these cases with the Vice President of Student Affairs before deciding on the readmission.
- Emergency Suspension from the University
In emergency situations, the Vice President of Student Affairs, or his or her designee, may temporarily suspend a student pending a Hearing. Such suspension will occur only if, in the Vice President of Student Affairs' judgment, the student is a danger to him/herself or other members or parts of the University community. In such instances the appropriate Hearing body will convene as soon as practical to hear the case. As soon as practical after the suspension, the Office of Judicial Affairs and Community Standards shall prepare and deliver to the suspended student, a notice of charges and other matters in conformance with the requirements contained in the Procedures section of this Handbook.
- Expulsion
Expulsion may be imposed for misconduct which warrants permanent separation of the student form the University. The penalty and the misconduct are permanently recorded in the Office of Judicial Affairs and Community Standards and the fact of Expulsion becomes a part of the student's transcript by being stamped: "Disciplinary Expulsion from RWU." A student who is expelled is not eligible for readmission. Once expelled, the student is considered persona-non-grata-unwelcome-and, therefore, banned from all University properties and functions.
Parental or Legal Guardian Consultation
Pursuant to the 1998 Congressional revisions of the Family Education Rights and Privacy Act (FERPA), Roger Williams University has the option to, and generally will, inform a parent or guardian of any student who is under the age of 21 or is financially dependent (as defined by the IRS), of any alcohol or other drug violations relative to the Student Conduct Code.
The University may choose to inform the parent or guardian of other types of incidents that involve violations or that may be life threatening or harmful to the student's (or other's) health. Roger Williams University will assume all undergraduate students are financially dependent and therefore, where allowed by law and University policy, notify parents or guardians of violations of the Code of Conduct, especially substance abuse violations. A student may declare financial independence by contacting the Office of Student Affairs and providing the appropriate documents.
Parental notification will either take the form of a written letter or phone call, predicated upon the seriousness of the violation and/or the urgency of the situation. The University believes that clear, effective lines of communication between the school, parents, and student will assist us all in resolving issues of inappropriate behavior. We encourage parents and students to openly discuss these issues with one another so a better understanding may exist throughout the school year.
Confidentiality
All records relating to conduct are considered confidential. Access to such records shall be granted only when permitted by law and/or with permission from the student. The University reserves the right to be the final arbiter in releasing confidential files. Any and all types of judicial meetings are closed to the University community and to the public.
Records of conduct may be destroyed by the Director of Judicial Affairs and Community Standards, or his or her designee, two years after a student graduates or withdraws from the University.
In the case of judicial proceedings, an accused student's outcome and sanction(s) may be verbally or in writing shared with the complainant(s) or victim(s).
Nothing contained above shall prevent the publication from time to time of statistics relating to and summaries of disciplinary proceedings, provided that the name(s) of the party(ies) involved is (are) deleted (except when permitted by law).
Nothing contained above shall prevent the disclosure of Conduct Code violations involving the accused student to the formal Hearing bodies or the general public when permitted by law.
Nothing contained above shall prevent the imposition of a Disciplinary Levy, attached onto the student's bill, from the University, if such sanction has been invoked.
The disciplinary histories of applicants to Study Abroad programs are taken into consideration during the application process. Students who participate in a co-curricular activity may jeopardize their status in that program by receiving a judicial sanction(s). A co-curricular activity includes, but is not limited to: intercollegiate athletics, club sports, intramurals, student organizations, and student leadership positions (e.g., resident assistants, orientation advisors, etc.). A student's judicial record and/or conduct may be shared with other University staff members on a need-to-know basis.
Attorneys & Advisors
An accused student may elect to be accompanied and counseled by an advisor at a University or University Disciplinary Committee hearing. The advisor must be a member of the Roger Williams University community, excluding all those who are attorneys or have received a law degree. At hearings where criminal charges are also pending, an attorney may accompany and counsel the accused student, provided that notice of at least two business days be given to the Director of Judicial Affairs and Community Standards of an attorney's representation.
In either case, neither an attorney nor a lay advisor shall be allowed to examine witnesses, object to testimony or procedure or to present arguments, and their role shall be limited to quietly and unobtrusively advising only the accused student in whispers or by written note. Any conduct of an attorney or advisor in violation of these conditions in the opinion of the Hearing Officer or UDC chairperson, may result in the immediate removal of that attorney or advisor, and the continuation of the hearing without the presence of that attorney or advisor.
Further, parents or guardians of a student, regardless of their relationship with the University, are not permitted to be present at any Hearing.
In matters where the accused student is entitled to and elects to be accompanied and counseled by an attorney, any other party to the case, including the University shall also be entitled to be counseled by an attorney who shall likewise be restricted to advising in whispers or by written note.
Victim Rights
The following rights apply to the victim in the student conduct proceedings. These rights must follow the same format spelled out for the accused student as listed under the "Judicial System" of this handbook.
Right to submit a victim impact statement that details the alleged consequences suffered by the victim.
Right to have a personal advisor accompany him/her during the disciplinary hearing.
Right to request on-campus housing relocation (based on available space), or other steps to prevent unnecessary or unwanted contact or proximity to the accused, when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe emotional distress.
Right to be informed of the outcome of the hearing upon request. Such information cannot be shared with the general public by the victim.