Alcohol and Drug Policy

Alcohol and Other Drugs Policy

Statement of Purpose

Wellesley College is committed to providing an environment of well-being, learning, and accountability for its members. To this end, the Wellesley College Alcohol and Other Drugs Policy is grounded in four community standards derived from the Honor Code:

Compliance with governing law and College policies;
Respect for the Wellesley College community by minimizing the impact of alcohol and other drug use upon others;
Care for one’s own health and well-being; and
Prevention of harm and seeking of assistance and support for self or others.

This policy informs students of their individual, group, and community responsibilities regarding alcohol and other drugs, the College's response to violations, and the resources available for addressing alcohol and other drug-related concerns. Campus Police and Residential Life Professional Staff have primary responsibility for enforcement of this policy.

Scope

The Alcohol and Other Drugs Policy applies to all Wellesley College students and student groups whether they are on or off campus.

Community Standards

The first three community standards establish the basis for Alcohol and Other Drugs Policy violations.

Compliance with Governing Law and College Policies

Students are expected to comply with governing law and College policies regarding alcohol and other drug use, which adhere to the Drug Free Schools and Communities Act. Wellesley College prohibits the unlawful possession, use, or distribution of alcohol and illicit drugs by students and employees. (See Legal Sanctions section and Appendices A-D.) Examples of behaviors that violate this Community Standard include, but are not limited to:

Causing another person to ingest alcohol or other drugs without that person’s consent, or coercing a person, even subtly, to ingest alcohol or other drugs.
Operating a vehicle under the influence of alcohol or other drugs when operating a vehicle is contraindicated.
Attempting to purchase or purchasing, possessing, or otherwise having control of alcoholic beverages, or making arrangements with any person to purchase or procure alcohol beverages, if under the age of 21.
Delivering, furnishing, or otherwise providing alcohol to person(s) under the age of 21.
Engaging in the private sale of alcohol or other drugs, informally or through websites or social media sites or applications used for private commerce, regardless of whether the purchaser is of legal drinking age.
Procuring the commercial delivery of alcohol to Wellesley College, except for events where alcohol has been ordered through the Office of Student Involvement in compliance with Appendix A.
Non-compliance with the requirements of the Procedures Pertaining to the Use of Alcohol at Student Events Held in Common Spaces on Campus (Appendix A) by a student group.
Purchasing, procuring, possessing or otherwise having control of or using illegal drugs, drug paraphernalia, or prescription drugs that have not been properly prescribed to the person, or attempting to do so. Marijuana is an illegal substance under federal law.
Providing, distributing, manufacturing, or selling illegal or prescription drugs to another person, or attempting to do so.
Smoking or vaporizing any illegal substance in any College building, which includes but is not limited to one’s residence hall room. Such conduct also violates the Residential Life No-Smoking Policy.
Mixing or compounding drugs, including manufacture of synthetic drugs.
Increasing the alcohol content (proof) of a drink or the potency or purity of a drug.

Respect for the Wellesley College Community by Minimizing the Impact of Alcohol or Other Drug Use Upon Others

Students are entrusted with the responsibility of creating a respectful environment and reducing the risk of harm caused by alcohol and other drug use. Examples of behaviors that violate this Community Standard include, but are not limited to:

Possessing an open container of an alcoholic beverage in public/common areas or on the grounds of the College, except at registered events (See Appendix A) or causing odor, vapor, or smoke to enter a public or common area or another resident’s room. Common areas include:
- Any area within a residence hall other than a resident’s room.
- Any outdoor area.
- Any other College building or facility

Engaging in hazardous or disruptive conduct, which may include, but is not limited to, any of the following acts:
- Drinking games or contests involving the consumption of alcohol or other drugs.
- Coercing others, even subtly, to consume alcohol or other drugs.
- Encouraging others to misuse alcohol or other drugs, or to otherwise violate this policy.
- Damaging or destroying College property or another person’s property.
- Engaging in physically or verbally abusive behavior.
- Engaging in physically dangerous behavior.
- Engaging in behavior that involves alcohol or other drugs and constitutes hazing. Such conduct also violates the Wellesley College Hazing Policy.

Care for One’s Own Health and Well-being

Alcohol and other drug use can have serious, harmful health consequences. Effects can be immediate and unpredictable, such as alcohol overdose, cardiac arrest, or death, or more subtle and long term, leading to addiction, chronic illness or permanent disability. Tolerance for a particular drug varies from person to person and is dependent on many factors, including the strength of the drug and the condition of the person taking the drug. Self-care requires informed decision-making and safe practices regarding the use of alcohol or other drugs. Examples of behavior that may violate this Community Standard include, but are not limited to:

Use of alcohol or other drugs to the point of intoxication, the signs of which may include a diminished ability to walk or stand, vomiting, loss of consciousness, verbal or cognitive incoherence, or aggressive or violent behavior.
Consuming drugs and alcohol together when such use is contraindicated.
Use of prescription drugs other than as prescribed.
Use of illegal drugs.

Prevention of Harm and Seeking of Assistance and Support for Self or Others

The fourth community standard establishes the circumstances in which an Alcohol and Other Drug Policy violation may be waived.

Students are expected to be educated, empowered, and engaged in preventing and responding to harm related to alcohol or other drug use. In particular, students are expected to learn about alcohol and other drug use on college campuses, acquire skills to prevent harm from alcohol or other drug use as active bystanders when reasonable to do so, and respond effectively to potential harm from alcohol or other drug use.

Responsible Action Clause

Students should call Campus Police (on campus) or 911 (off campus) when alcohol or other drug use requires prompt medical attention. The Associate Director of Residential Life & Coordinator of Community Standards and Integrity generally will waive an Alcohol and Other Drug Policy violation for a student seeking medical treatment or for assisting another person in obtaining medical treatment for an alcohol or drug-related overdose.

A student for whom an Alcohol and Other Drug Policy violation is waived is required to meet with a Residence Life Professional Staff member, a health educator, or a member of the Stone Center Counseling Service. In cases involving alcohol or marijuana, the student will also be required to complete an online education program. If a student is involved in multiple alcohol or other drug related incidents, the student may also be required to attend counseling at the Stone Center Counseling Service, and/or to enter into a care agreement specifying what resources and supports the student will engage, the duration of the agreement, and the consequences for failure to successfully complete the agreement terms. Repeated waivers may be indicative of concerns sufficiently serious as to require additional response from the Dean of Students, including, but not limited to, residential probation or loss of College privileges.

Parental Notification and Waiver Requests

Students are expected to participate in any notification process; however, a student can petition for a waiver of parental notification by submitting a written request to the Associate Director of Residential Life & Coordinator of Community Standards and Integrity.

A student petitioning for waiver of parental notification will be required to meet with the Director of Counseling Services or her designee within 5 days of making the request, and to sign a release permitting the Director of Counseling Services or her designee to share her findings and recommendations with the Associate Director of Residential Life & Coordinator of Community Standards and Integrity.

In reviewing the request, the Director of Counseling Service or her designee will consider any non-confidential information available to the Associate Director of Residential Life & Coordinator of Community Standards and Integrity and any additional information provided by the student during the required meeting.

The Director of Counseling Services or her designee will share her findings and recommendation with the Associate Director of Residential Life & Coordinator of Community Standards and Integrity, who retains the discretion to decide whether to contact a student’s parent(s) or guardian(s).

Absent extenuating circumstances, the Associate Director of Residential Life & Coordinator of Community Standards and Integrity will notify a student petitioning for waiver of parental notification of the decision in writing before taking any action.

Required Consultations and Sanctions

All students involved in a potential violation of the Alcohol and Other Drug Policy, whether or not they are charged with a violation, must meet with a Residential Life Professional Staff and participate in a health education session.

The Residential Life Professional Staff will also determine sanctions for any student who is charged with and accepts responsibility for an Alcohol and Other Drug Policy violation. Students will be notified of the sanction by email and letter. Such sanctions will be determined in accordance with the severity of the violation. The Associate Director of Residential Life & Coordinator of Community Standards and Integrity will determine any sanctions for any student organization that is charged with and accepts responsibility for an Alcohol or Other Drug Policy violation. Student organizations will be notified of the sanction by email and letter. Such sanctions will be determined in accordance with the severity of the violation.

Sanctions may include, but are not limited to, the following:

Restorative action, which may include restitution for damages, community service, or an educational assignment.
Residential Probation, the duration of which will be determined on a case by case basis. During the probationary period, any further violation of a College policy will jeopardize the student’s housing privileges.
Modification, suspension or loss of College privileges
Suspension, dismissal or expulsion from the College.

If a student or student group fails to comply with any requirements or sanctions imposed for violations of the Alcohol and Other Drug Policy, the student or student group may be charged with an Honor Code violation. When a student or student group has been charged with an Honor Code violation related to an Alcohol and Other Drug Policy violation (including without limitation, a charge for failure to comply with sanctions or requirements), the Associate Director of Residential Life & Coordinator of Community Standards and Integrity will inform the Honor Code Council regarding the student’s Alcohol and Other Drug Policy violation to assist the Council in the determination of sanctions.

If students or student groups do not accept responsibility for an Alcohol and Other Drug Policy violation, they may contest the charge before a Hearing Panel. A student or student group wishing to contest a charge of violating the Alcohol and Other Drug Policy must notify the Associate Director of Residential Life & Coordinator of Community Standards and Integrity in writing within 5 business days of receiving notice of the charge. (See Appendix D: Alcohol and Other Drugs Policy Contested Charge and Appeals Process).

Conduct in violation of the Honor Code that involves alcohol or other drugs may result in separate Honor Code and Alcohol and Other Drug Policy charges.

Conduct in violation of the Residential Life No-Smoking Policy that involves alcohol or other drugs will result in automatic imposition of residential probation, the duration of which will be decided by the Associate Director of Residential Life & Coordinator of Community Standards and Integrity. Any other College policy violation during the period of residential probation may result in the loss of College housing privileges in addition to other sanctions.

Law Enforcement Proceeding

Local, state and federal laws make the illegal use of alcohol and other drugs a serious crime. Disciplinary action taken by the College for violations of the Alcohol and Other Drug Policy does not preclude criminal prosecution or lawsuits by others. Conviction for violation of state and federal alcohol and drug laws can lead to imprisonment, fines, and assigned community service. Felony and certain other convictions for drug offenses can prevent eligibility for federal benefits, including, but not limited to, student loans. Please see the overview of legal sanctions for alcohol and drug use in Appendices B and C for more information. The overview of sanctions in these Appendices is not comprehensive but provides a summary of the type of criminal penalties students may expect when convicted for the illegal use of alcohol or drugs.

Records & Disclosures

The Associate Director of Residential Life & Coordinator of Community Standards and Integrity for the Office of the Dean of Students will maintain the records of Alcohol and Other Drug Policy violations. Alcohol and Other Drug Policy violations and Honor Code violations that include an Alcohol and Other Drug Policy violation will be disclosed according to the guidelines set forth in the Honor Code Procedures.

Graduate programs sometimes require applicants to disclose any alcohol or drug policy violations as part of the application process. The Health Professions and Pre-Law advisors may submit to the Associate Director of Residential Life & Coordinator of Community Standards and Integrity the names of students or graduates who have applied for support from Wellesley in the application process to graduate programs in medicine and law. The Associate Director of Residential Life & Coordinator of Community Standards and Integrity will identify to the Health Professions and Pre-Law advisors applicants who were found responsible for a violation of the Alcohol and Other Drug Policy. The Associate Director of Residential Life & Coordinator of Community Standards and Integrity will not disclose to the Health Professions and Pre-Law advisors the specific violation or sanction imposed.

In addition to providing information to graduate programs as referenced above and as permitted by applicable law, the College will also generally provide information about Alcohol and Other Drug Policy violations as requested by release authorizations executed by students and former students.

Resources

The College strongly encourages students to use the following resources and supports available for addressing alcohol and drug related concerns.

Alcohol and Other Drug Resources
Contact	Phone	Notes
Campus Police	781-283-5555 (Emergency) 781-283-2121 (Non-Emergency)	Available 27/7/362
Health Service	781-283-2810	Available M-F business hours; on call 24/7 (academic term)
Health Education	781-283-2810	Available M-F business hours (academic term)
Counseling Services	781-283-2839	Available M-F business hours; on call 24/7/365
Residential Life Prof. Staff	781-283-5555 (Emergency) 781-283-2679 (Non-Emergency)	Staff in residence; on call 24/7/365
Online Screening for Alcohol Use	n/a	Anonymous
Alcohol Education	n/a	Provided by Wellesley and eCHECKUP
SMART Recovery	866-951-5357	Off-Campus Resource
Alcoholics Anonymous	212-870-3400	Off-Campus Resource
Narcotics Anonymous	818-773-9999	Off-Campus Resource
Moderation Management	n/a	Off-Campus Resource

Alcohol and Drug Appendix

Procedures Pertaining to the Use of Alcohol at Student Events Held in Common Spaces on Campus

All events sponsored by students at which alcohol will be served must be registered in advance with the Office of Student Involvement. These procedures apply to all student events held in Wellesley College common spaces, including, but not limited to, parties, receptions, dinners, mixers or other social events sponsored by student groups associated with the College.

Registration Process

Student groups with an Event Manager over the age of 18 may sponsor on-campus events involving alcohol. The Event Manager is responsible for registering the event in advance and is the primary contact for the event. Refer to section B for the Event Manager role.
The event must be registered no later than 10 business days (days that College offices are open) before the date of the event. Registration includes requesting space in 25Live and meeting with the Associate Director of Student Involvement (or Designee) to discuss alcohol service, applicable laws, College policies, appropriate security measures, and issuance of an Authorization Form for the Service of Alcohol at Student Events Held in Common Spaces on Campus (Authorization Form).
The Associate Director of Student Involvement (or designee) will determine the maximum amount of alcohol to be purchased for the event and will provide instructions to the Event Manager on the required procedure for ordering the alcohol through the Office of Student Involvement. The Associate Director of Student Involvement (or designee) will inform Campus Police that alcohol will be served at the event.

Event Manager Role

To be an Event Manager a student must pass Training for Intervention Procedures (“TIPS”) and file a copy of the certificate of completion with the Office of Student Involvement. The student must also sign an Event Manager contract and have it on file in the Office of Student Involvement.
The Event Manager must be a member of the group sponsoring the event.
The Event Manager may not consume alcohol eight (8) hours prior to the event or at the event.
The Event Manager must be present for the duration of the event and ensure that alcoholic beverages being stored or served are never left unattended.
The Event Manager is responsible for hiring and payment of professional bartender(s) and TIPS servers with group funds. TIPS servers may not be members of the group sponsoring the event. Should the bartender(s) need additional assistance or not show up for the event, an Event Manager who is 21 years of age may step in to serve alcohol upon producing proof of identification and securing the verbal permission of the Associate Director of Student Involvement (or designee) in the presence of Campus Police.
The Event Manager, with the assistance of Campus Police, will supervise the professional bartender(s) and the TIPS servers.
The Event Manager is responsible for ensuring the availability of potable water, other non-alcoholic beverages if desired, and food for the duration of the event. If the food or water runs out, alcohol service must end immediately. The Event Manager will propose the types of food items to the Office of Student Involvement for approval. Food provided should be equivalent to a small meal for each attendee, in sufficient quantity and quality to provide each attendee with the opportunity to follow harm reduction strategies. The food and water should be set up separately from the Alcohol Service area.
The Event Manager is responsible for submitting an Event Summary Form to the Office of Student Involvement no later than 5 business days after the event. If this form is not submitted within 5 days of the event, the student group will not be permitted to host future events with alcohol for the following 60 academic days

Entrance & Closing Procedures

Guests attending Wellesley student social events where alcohol is served must show valid government-issued ID to prove they are 18 years of age or older. All Wellesley students may attend College-sponsored events where alcohol is served; however, only attendees who are 21 years of age or older may consume alcohol. For all attendees, proof of age may be required.
Attendees may not bring beverage containers to the event.
Campus Police or other college employees retain the discretion to deny entrance to any attendee, including but not limited to, persons who are visibly intoxicated.
Campus Police or other college employees retain the right to search any bags brought to an event.
Campus Police or other college employees retain the right to prohibit attendees from bringing bags into an event.
Campus Police or other college employees retain discretion to deny any entrance to an event in circumstances including, but not limited to, when attendance is approaching maximum capacity for the space or other safety concerns are implicated.
Campus Police or other college employees retain discretion to end an event before the designated closing time in circumstances including, but not limited to, when there are public safety or law enforcement concerns.

Alcohol Service Area

The Associate Director of Student Involvement (or designee) and Campus Police will determine the location and set up of the Alcohol Service area. When necessary, a designated area separate from the main event will be used for the consumption of alcohol.
TIPS servers will check identification and give wristbands to attendees who provide proof of legal drinking age (21). A professional licensed and insured bartender will serve alcohol.
The Associate Director of Student Involvement (or designee) will determine the number of TIPS servers and professional bartenders needed based on the nature of the event and the number of attendees of legal drinking age expected.
Should the bartender(s) need additional assistance or not show up for the event, an Event Manager who is 21 years of age may step in to serve alcohol upon producing proof of identification and securing the advance verbal permission of the Associate Director of Student Involvement (or designee) in the presence of Campus Police.
Attendees may consume a maximum of one alcoholic beverage per hour during the event, with a maximum of three (3) alcoholic beverages total. Alcohol service will be refused to attendees who are visibly intoxicated. All alcohol must be consumed within the event space or alcohol service area.
Alcohol service must end no later than one hour before the end time as stated in the Authorization Form.

Advertisement and Promotion of Social Events

Advertisement posted on or off campus for social events sponsored by recognized student organizations, student groups, or individual Wellesley College students will make no reference to the specific availability of alcoholic beverages or association of alcohol consumption with the event. Promotional materials for such an event may state “21+ bring ID.”
Promotion or coverage, either before, during, or after the event, must focus on the event itself and not the availability of alcohol, or association with alcohol consumption. Violation of this includes, but is not limited to, advertising or social media content featuring pictures or images of alcoholic beverages or cups associated with alcoholic beverages, pictures of visibly intoxicated people, or language alluding to high risk drinking in a favorable manner.
Under no circumstances will any College organization, program or individual accept sponsorship or endorsement for an event or program from a company that identifies itself as a manufacturer or distributor of alcoholic beverages.

Failure to Comply with the Procedures in this Policy

Failure to register an event as required in this Policy or to comply with any of the other provisions in this Policy, including, without limitation, the advertisement and promotion and event procedures, will result in a violation of the Alcohol and Other Drug Policy. If found responsible, sanction(s) shall include, but not be limited to: modification, suspension or loss of College privileges; suspension, dismissal or expulsion from the College; and for student groups, a probationary period during which time the group will not be able to register events with alcohol. The Associate Director of Residential & Campus Life, in consultation with the Associate Director of Student Involvement, will determine the length of the probationary period for any student group. Subsequent violation of any College policy by a student group during the probationary period may result in the loss of privilege to register events, with or without alcohol, for a period of time to be determined by the Associate Director of Residential & Campus Life, in consultation with the Associate Director of Student Involvement.
Student groups may be required to have a debrief and/or be subject to educational sanctions imposed by the Associate Director of Student Involvement (or designee).

Liability for the Event

The College assumes no responsibility for any liability incurred as a result of any group’s or individual’s violation of this Policy, other College policies, or any applicable laws governing the use and consumption of alcoholic beverages.
The College disclaims any intention to assume duties to protect community members or members of the public from their own abuse of alcohol or other drugs or to protect third persons from the conduct of community members in violation of this Policy.

Commonwealth of Massachusetts and Town of Wellesley Liquor Laws

M.G.L.c.138, §34c. "Persons under 21 years of age operation of motor vehicles containing alcoholic beverages". §34c. States in part [Whoever, being under 21 years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than $50 for the first offense and not more than $150 dollars for a second or subsequent offense. A police officer may arrest without a warrant any person who violates this section. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.]

M.G.L.c.138, §34 provides that supplying alcohol to a person under the age of 21 years may be punished by a fine up to $2,000 or imprisonment in jail for not more than one year or both. (Note: this includes dispensing alcohol at private house parties).

M.G.L.c.90, § 24 "Operating a motor vehicle while under the influence of intoxicants" provides for a loss of license of persons under 21 with an alcohol level of .02. An alcohol level of .08 is considered legally intoxicated. Refusal to submit to a breath test if under 21 years equals a loss of license for no less than three years.

If the person found to have been drinking is under 17 years of age, then the person responsible can be charged with M.G.L.c.119, § 63 (Contributing to the Delinquency of a Minor). Conviction can mean a fine of up to $500 or jail for not more than 1 year, or both.

M.G.L.c.272, § 53 provides in part [keepers of noisy and disorderly houses may be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.]

Possession of False Identification. M.G.L.c138, § 34A provides that any person who attempts to purchase alcohol, or misrepresents his/her age, or falsifies, or defaces his/her identification offered as proof of age to purchase alcohol faces a fine of $300 and a 180 day loss of license. (This includes anyone making arrangements to have alcohol purchased for them.)

Note: If a person leaves a resident's home after consuming alcohol, and is injured, or causes another to be injured, or causes property damage, then the home owner, and/or the person who let that party leave the home in that condition, could be held responsible under the criminal laws as well as held liable in a civil action.

Town of Wellesley By-Laws - Article 49. Police Regulations

49.19 Possession and Use of Alcoholic Beverages. No person shall consume an alcoholic beverage as defined by General Law Chapter 138, Section 1, as amended, or possess an opened container of such beverage, within the limits of any park, playground, public building or any public land (but not to include a public way) owned and under the control of the Town of Wellesley except with written permission of the Board of Selectmen, nor shall any person consume an alcoholic beverage, as defined in said Section 1, on any public way or way to which the public has a right of access as invitees or licensees, including an person in a motor vehicle while it is in, on, or upon any public way or any way to which the public has a right of access as aforesaid, within the limits of the Town of Wellesley; and no person shall consume any alcoholic beverages, as previously defined, in, on, or upon any private land or place without the consent of the owner or person in control of such private land or place.

Any person who violates this section may be arrested by a police officer without a warrant.

All alcoholic beverages being used in violation of this sentence may be seized and held until final adjudication of the charge against any such person or person has been made by the court. Whoever violates the provisions of this section shall be punished by a fine not exceeding fifty (50) dollars for such offense.

Federal and Commonwealth of Massachusetts Drug Laws

Federal Drug Laws

Under federal law, distribution of drugs to a person over the age of 18 to a person under the age of 21 is punishable by up to twice the normal penalty, i.e., a mandatory one-year prison term; a second conviction is punishable by up to three times the normal penalty. A first offense for distribution of drugs in or within 100 feet of a college or school is also punishable by up to twice the penalties otherwise authorized for distribution or manufacture. A second offense for distribution of drugs in or within 100 feet of a college or school is punishable by up to three times the penalties otherwise authorized for distribution or manufacture. Federal law sets heightened prison sentences for manufacture and distribution of drugs if death or serious injury results from use of the substance.

Penalties for federal drug trafficking convictions are governed by the Controlled Substances Act and vary according to the quantity of the controlled substance involved in the transaction. If death or serious bodily injury results from the use of a controlled substance that has been illegally distributed, the person convicted on federal charges of distributing the substance faces a life sentence. Convictions on charges of drug trafficking within 100 feet of an educational institution result in penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a minimum prison sentence of at least one year. See 21 U.S.C. 21 §§ 801 et. seq.

Penalties for Violations of the Controlled Substances Act

Penalties for federal trafficking of Schedule I, II, III, IV, and V controlled substances, some of which include fines up to $10 million or imprisonment for life. Additional information regarding the substances regulated by the federal Controlled Substances Act and the criminal penalties for the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is available on the U.S. Department of Justice, Drug Enforcement Administration, Office of Diversion Control website.

Massachusetts Drug Laws

For additional information concerning Massachusetts law regulation of controlled substances, please review the Massachusetts Controlled Substances Act, Mass. Gen. Laws Ch. 94C.

Massachusetts Law and Heroin

The sale and possession of drug paraphernalia as defined by statute is illegal in Massachusetts. Massachusetts law makes it illegal to be in a place where heroin is kept and to be in the company of a person known to possess heroin. Anyone in the presence of heroin risks a serious drug conviction. Additional information about the penalties imposed for violations of Massachusetts law preventing the illegal use of drugs can be found on the Massachusetts legislature website.

Hearing Panel & Appeals Process

Hearing Panel

The Hearing Panel will consist of the Associate Dean of Students, one Residential Life Professional Staff member, and one student.

Hearing Procedures

Formal rules of evidence and procedure shall not apply to hearings. Hearing Panels shall make decisions regarding procedural or evidentiary questions arising during hearings. Normally, hearings will be conducted in person at the college, but they may be conducted by phone under certain circumstances as determined by the Associate Director of Residential & Campus Life. All hearings will be conducted in private. Attorneys may not be present at hearings.

Witnesses

The charged students and the individual bringing the charge may bring witnesses to present information relevant to the case. The charged student, the individual bringing the charge, and members of the Hearing Panel may address questions to the witnesses. Witnesses will remain in the hearing room only while presenting information and answering questions.

Basis of Decision

Following the conclusion of the hearing, the panel will meet in closed session to determine, by majority vote, whether an Alcohol or Other Drug Policy violation has occurred. In reaching its determination, the Hearing Panel will evaluate only information introduced during the hearing. The Panel will not consider any prior Drug Policy violation when determining whether the violation occurred. The determination that a violation has occurred will be based on information sufficient to convince the majority of the Panel that more likely than not, the violation occurred.

Appeals

To file an appeal of a Hearing Panel finding, a student must submit to the Dean of Students a written statement enumerating the grounds, along with any additional information, within ten business days after notification of the sanction. Sanctions for violation of the Alcohol or Other Drug Policy may be appealed upon discovery of significant factual material not previously available or significant procedural error. The Dean of Students will forward the written appeal to the Hearing Review Panel if it meets the threshold requirement of presenting facts which raise a genuine issue pertaining to the discovery of significant factual material or significant procedural error. Upon consideration, the Hearing Review Panel may deny the appeal or remand the case for a full rehearing by a new Hearing Panel.

Updated July 2020