| |
|
|
|
|
|||||||
|
|
Wellesley College Alcohol and Drug Hearing Board Procedures Wellesley College encourages the collaboration of students, faculty, and staff in efforts to create a safe campus environment. Every member of the Wellesley College community is encouraged to bring inquiries about or to report violations of the Wellesley College Alcohol Policy and the Wellesley College Drug Policy. Reporting and enforcement of the Wellesley College alcohol and drug policies will be a cooperative effort between the Office of the Dean of Students and the Campus Police. Responding to Policy Violations The college respects the right to privacy, and its representatives will not enter residence hall rooms without reasonable suspicion that college policies or regulations have been violated. When a hazardous or disruptive situation occurs, however, the college will take action. Individuals and organizations will be held accountable for behavior that violates state and federal laws, threatens or endangers themselves or others, causes damage or loss of property, or disrupts the campus community. Students found in violation of the Wellesley College alcohol or drug policies will be subject to disciplinary action at the discretion of the dean of students or the associate dean of students. Each case will be handled individually and considered on its own merits, with consideration given to severity of misconduct and/or prior violations. The dean and associate dean of students reserve the authority to exercise discretion in all disciplinary matters, giving consideration to the particular circumstances. Additionally, the college reserves the authority to require the withdrawal from the college of any student whose continuing presence constitutes a risk to her health or safety, or to the general well-being of the college community. These procedures do not take the place of criminal prosecution. A member of the student life division will serve as administrative chair of the Alcohol and Drug Hearing Board and will oversee the administration of the hearing board processes in collaboration with the dean and associate dean of students. Referral, Acceptance of Responsibility, Request for a Hearing Any member of the Wellesley College community may refer a student for a policy violation. Referral forms are filed with the administrative clerk of the hearing board via a secured, closed FirstClass conference. The administrative chair of the hearing board will review all referrals. The administrative clerk processes the relevant paperwork and keeps the confidential hearing board records. The referred student will receive a copy of the referral and be informed of two possible procedural avenues: acceptance of responsibility or a hearing before the hearing board. If a student accepts the validity of the referral and agrees to take responsibility for a policy violation, she will meet with the administrative chair of the hearing board and be given a sanction, normally based on the guidelines outlined below.1 If a student contests the validity of the referral, she will meet with the hearing board, whose task will be to determine its validity, and when warranted, determine the appropriate sanction, normally based on the guidelines outlined below. The Hearing Board The hearing board will consist of an administrative chair (appointed by the dean or associate dean of students), faculty, staff, and students. A hearing panel will be composed of a student chair, one faculty member, and one administrative staff member. Administrative appointments are made through the Office of the Dean of Students and/or the administrative chair; faculty members are invited to serve through the Office of the Dean of Students, and student members are selected through the Student Organizations Appointments Committee (SOAC). Either the referred student or the individual referring the student may request that a member of an Alcohol or Drug Hearing Board panel be disqualified when she can demonstrate a significant conflict of interest. Any member of the hearing board may recuse herself or himself due to conflict of interest. The administrative chair of the hearing board has the final authority to determine the composition of hearing board panels. Notification of Charge Normally, the administrative clerk of the hearing board will notify the student, by email, of an alcohol or drug policy violation charge within five business days of receipt of the referral. Failure to adhere to this notification guideline does not constitute grounds for dismissal of charges. Confidentiality Once an alcohol or drug policy charge has been filed, members of the hearing board will hold the case in strict confidentiality. All parties will be expected to be respectful of the private nature of any knowledge or information they have about the matter. Resources for Charged Student and Individual Bringing the Charge The charged student will have the right to consult a student ombudsperson or any member of the college community regarding her case. Student hearing board members not assigned to hear a case will be available to serve as ombudspersons. The ombudsperson role is to advise the charged student about the Alcohol and Drug Hearing Board Procedures and assist her in addressing a charge. A charged student may bring a member of the Wellesley College community to serve as a support person to her hearing. A support person may be present, but can not speak, during the hearing. The individual bringing the charge will also have the right to support. S/he may consult an ombudsperson, who can act as a resource throughout the process, except at the hearing itself. Interim Restrictions From the time a policy violation is filed until its resolution, the dean or associate dean of students may place interim restrictions on the charged student in order to protect the health and safety of the student or members of the college community. These restrictions may include, but will not be limited to: removal of privileges, removal from or relocation within college housing, a no contact order, or suspension from participation in an activity. Further, an interim suspension from the college may be imposed by the dean or associate dean of students and will become effective immediately if the continued presence of the student poses a substantial and immediate threat to herself or to others. Rights of the Charged Student Charged students will be entitled to the following procedural rights:
Rights of the Individual Bringing the Charge Individuals bringing the charge will be entitled to the following procedural rights:
Disposition of Referrals The administrative chair will review charges to determine their disposition. If there is insufficient information or the alleged act does not amount to a violation of the alcohol or drug policy, the administrative chair, in consultation with the associate dean of students, will dismiss the charge and close the case. Notification of Hearing In cases referred for a hearing, the charged student and the individual bringing the charge will be notified of the time and location of the hearing at least five business days in advance, time permitting. Each will be given a copy of the referral. Cooperation of All Parties Both the charged student and the individual bringing the charge will be expected to cooperate fully with the hearing board. Similarly, all parties with knowledge pertaining to a case will be expected to cooperate fully in the examination and, if requested, appear before the alcohol or drug hearing board. Honesty is expected from all members who participate. Dishonesty in a hearing may be grounds for an honor code violation charge. Hearing Procedures Formal rules of evidence and procedure do not apply to hearings. Hearing board panels will make decisions regarding procedural or evidentiary questions that arise during hearings. Neither the charged student nor the individual bringing the charge may have attorneys present at hearings. When a charge involves more than one student, the administrative chair of the hearing board will determine if the hearings concerning the charged students will be conducted separately or together. In the event that a student is simultaneously charged with two distinct alcohol or drug policy violations, the hearing board may consolidate the hearings. Attendance The charged student, the individual bringing the charge, and all witnesses will be expected to be present, in person or by phone, at the scheduled hearing. Failure of the charged student to appear at a hearing after proper notice may subject her to further charges. Should a charged student fail to appear, the hearing will proceed and sanctions, if warranted, will be imposed. Alcohol and drug policy proceedings take precedence over all non-academic activities. Timing Normally, all cases must be resolved prior to the beginning of the next academic year. Charges against a student must be resolved before she will be eligible to participate in international study/exchange programs. Failure to adhere to any of the scheduling guidelines set out here does not constitute grounds for dismissal of charges. Record All alcohol and drug policy hearings will be audio-taped. Either the student found in violation of the alcohol or drug policy or the individual bringing the charge may listen to the tape when considering an appeal. Such listening will be supervised by the clerk of the hearing board. Tapes of the hearing will be the property of Wellesley College and will be kept until the conclusion of the process by final decision on appeal or the expiration of any appeal period. Typical Hearing Outline A student member of the committee serves as chair of the hearing. She will convene the hearing by announcing that the hearing will be taped. She will explain that this is done for two reasons, for record keeping reasons as mandated by law and for purposes of possible appeal. The student chair will open the hearing, state its confidentiality, introduce herself, and ask all persons present to introduce themselves. The student chair will state that the purpose of the hearing board panel is to decide upon the validity of the referral, and when appropriate, to determine what sanctions should be given to valid referrals. The student chair will then outline the process to be followed during the hearing. She will read the referral. She will ask whether the person(s) making the referral would re-iterate any points within the referral. She will ask whether the referred student has a response and will invite members of the hearing board panel to question the charged student or the person bringing the referral. The student chair will announce that the hearing will be followed by a closed deliberation and she will explain the notification procedures. The student chair will ask for questions regarding process, after which she will open the proceeding by reading the referral and then following the process outlined in this section. Witnesses The charged student and the individual bringing the charge may bring witnesses to present information about the case. Witnesses will be offered reasonable protection from retaliation, intimidation, or harassment. The charged student, the individual bringing the charge, and the members of the hearing board can question witnesses. The student chair will have the authority to rule questions out of order. Basis of Decision Following the conclusion of the alcohol or drug policy violation hearing, the board will meet in a closed session to determine, by majority vote, the disposition of the charges. In reaching its determination, the hearing board will evaluate only information introduced during the hearing. The panel will not be informed of any prior alcohol and drug policy history. The determination that a violation has occurred will be based on information sufficient to convince a majority of the panel that the violation occurred. After this determination is made, the hearing board panel will be informed by the administrative chair of any prior violations and sanctions. Appeals The associate dean of students, or designee, will review the case, determine whether there are grounds for appeal. More details regarding appeals are found in the Process section. Grounds The student found to be in violation of the alcohol or drug policy or the individual bringing the charge will have the right to appeal on one or more of the following grounds:
Timing The deadline to file an appeal will be two weeks after each party has been notified of the outcome of the alcohol and drug policy hearing. Process To formally file an appeal, the individual will submit to the Administrative Chair of the hearing board a written statement enumerating the grounds for the appeal, including any additional information. Normally, sanctions will be stayed pending the outcome of an appeal, except when interim restrictions have been imposed by the dean or associate dean of students. Normally, appeals will be considered within two weeks from the date the appeal is filed. When the college is not in regular session, the Administrative Chair of the hearing board will schedule dates for addressing appeals. After reviewing the information, the associate dean of students, or designee, will determine the disposition of the appeal. If the grounds for appeal are determined to be valid, the associate dean of students will consider the tape recording and papers used at the hearing, in addition to the new information submitted. No testimony will be heard. Upon consideration, the associate dean of students may deny the appeal or remand the case for a full rehearing by a new panel. If the appeal is denied, the original decision stands. The decision by the new hearing board panel will be final, except when the sanction is suspension, dismissal, or expulsion. The student found in violation of the alcohol or drug policy and the individual bringing the charge will be given written notification of the decision. After an appeal to the associate dean of students, an alcohol or drug policy violation that resulted in a sanction of suspension, dismissal, or expulsion may be appealed to the dean of students by either the student found to be in violation or the individual bringing the charge. Both parties will be given written notification of the dean of student's decision. The decision of the dean of students will have final authority. Abuses of the Alcohol and Drug Policy Procedures Abuses of either the alcohol or the drug policy procedures may constitute a separate Honor Code violation. They include, but will not be limited to, the following:
Notification A student's parents or guardian will be notified when a student is placed on residential probation for an alcohol or drug policy violation. For a student placed on residential probation, subsequent violation of college policy may result in the loss of privilege to live in college housing. Appropriate Student Life administrators will also be notified of outcomes. When a student is placed on residential probation, her class dean and the director of residential and campus life will be notified. The clerk of the General Judiciary will be notified of all outcomes. Reports to the Community The outcomes of all alcohol and drug policy hearings will be reported annually to the Student Senate, Academic Council, and Administrative Council. The confidentiality of the proceedings will be ensured and the identities of any parties associated with the hearings will not be revealed. Revisions to Hearing Board Procedures The Office of Dean of Students will review and revise as needed the Alcohol and Drug Hearing Board Procedures. In most cases, changes will be effective at the beginning of the next academic year. 1 Referrals for an alcohol or drug policy violation that occur during summer school sessions will be handled on a case-by-case basis by a Wellesley College administrator.
[Meet
the Division] [Advising and Academic Support Services] [Calendars & Events]
[Campus Life] |
|
|
|||
 |
 |
||||||
|
Office
of the Dean of Students |
||||||
