Case Summary, March 2005
March, 2005
To: The University Community
From: Student Judicial Board
Re: March 2005 Case Summary
This listing of summaries are all the cases adjudicated by the Student Judicial Board (SJB) from January 2005 through March 2005.
March 2005 SJB Case Summaries (listed by Regulation)
Regulation 1 -Privacy and Tranquility The intentional infringement upon the right to privacy of any member of the community is prohibited. The persistent interruption of a reasonable level of peace and quiet is also a violation. Students should be aware that repeated violation of this regulation could result in administrative reassignment to another residential unit or area.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 1 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A hosted a party. The Board found that Student A did not violate the Code because it was not Student A’s party.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 1 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A had been playing loud music from his living room. The Board found that the Student A had not violated the Code because there was evidence that there was not such a loud noise and that Student A was more than cooperative with the complaint.
In a simplified hearing, the Board considered an allegation that students had violated Section II, Regulation 1 of the Code of Non-Academic Conduct. Specifically, it was alleged that Students A, B, C, D and E were too noisy in a residence. The students were rehearsing for their band. The Board found that the students were not in violation of the Code because their practice was at a reasonable hour and their noise was not persistent.
In a simplified hearing, the Board considered an allegation that two students had violated Section II, Regulation 1 of the Code of Non-Academic Conduct. In addition, it was alleged that Student A had violated Regulation 13b. Specifically, it was alleged that Student B was throwing beer bottles at a window. When Public Safety investigated, he noted many empty beer bottles and a bottle of vodka. The Board found that Student A had indeed violated the Code because of admitting to having alcohol in the room. As a sanction, the Board recommended that Student A complete ten hours of community service by May 31, 2005. Student B was found not in violation of the Code because the student was not creating a persistent disturbance.
In a simplified hearing, the Board considered an allegation that students had violated Section II, Regulation 1 of the Code of Non-Academic Conduct. Specifically, it was alleged that Students A, B, C, D and E were creating too much noise in their residences. The Board found that the students had indeed violated the Code because the noise was excessively loud and at an unreasonable hour. As a sanction the Board recommended that Students A, B, and C be given disciplinary warnings because they had no prior violations. The Board recommended that Student D complete 5 hours of community service because of a prior violation and Student E complete 8 hours of community service because of 2 previous violations. All community service hours are to be completed by May 22, 2005.
In a simplified hearing, the Board considered an allegation that students had violated Section II, Regulation 1 of the Code of Non-Academic Conduct. Specifically, it was alleged that Students A, B, C, D and E hosted a party and received two noise complaints. The Board found the students not in violation of the Code because they had not created disruptions either persistently or intentionally. In addition, the Board determined that the second noise complaint was unfounded.
In a simplified hearing, the Board considered an allegation that two students had violated Section II, Regulations 1 and 13b of the Code of Non-Academic Conduct. In addition, it was alleged that Student A violated Regulation 14. Specifically, it was alleged that Students A and B had consumed alcohol underage and caused a disturbance to occur. Student A also failed to comply with a Public Safety request at the time. The Board found both students not in violation of the Code. However, as a result of the Public Safety report and the testimony, Student A will be brought up on allegedly violating Regulation 15. Also, additional students will be investigated for the party violations.
Regulation 2 -Harassment and Abuse Harassment and abuse, directed toward individuals or groups, may include at least the following terms: the use or threat of physical violence, coercion, intimidation, and verbal harassment and abuse. Harassment and abuse may be discriminatory or may be nondiscriminatory. Wesleyan University’s commitment to nondiscrimination means that discriminatory harassment may be punished more severely than nondiscriminatory forms of harassment.
In a full hearing, the Board considered an allegation that two students had violated Section II, Regulation 2 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A and Student B were engaged in a verbal dispute and a physical fight ensued. The Board found that Student A and Student B had indeed violated the Code because they engaged in forms of harassment and abuse. As a sanction, the Board recommended that Students A and B be given disciplinary probation until December, 2005 and complete 10 community service hours to be completed by May 31, 2005.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 2 of the Code on Non-Academic Conduct. Specifically, it was alleged that Student A had written offensive words, in soap, on Student B’s car window. Student B was offended and called Public Safety about the incident. Student A was angry that Student B had blocked Student A’s driveway and decided to send a “clear warning” to Student B. The Board found that Student A had indeed violated the Code. As a sanction, the Board recommended that Student A be given disciplinary warning.
In a full hearing, the Board considered an allegation that a student had violated Section II, Regulation 2 of the Code on Non-Academic Conduct. Specifically, it was alleged that Student A engaged in disturbing conduct at an off campus location. This conduct included harassing and abusive language and hand gestures directed towards other students. The Board found that Student A was not in violation of the Code because of insufficient evidence.
Regulation 3 - Sexual Misconduct Sexual misconduct, including, but not limited to, sexual harassment, sexual assault, coercion, and threats or use of force, is prohibited.
In a full hearing, the Board considered an allegation that a student had violated Section II, Regulation 3 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A sexually assaulted Student B through various sexual acts. The Board found that Student A had violated the Code because the evidence presented showed that there was, among others, sexual coercion and forceful restraints. As a sanction, the Board recommended that Student A be dismissed from Wesleyan University.
Regulation 4 - Property The unauthorized use, or the abuse, destruction, or theft of University property or any of its members, guests, or neighbors is prohibited. This regulation prohibits the unauthorized appropriation or “borrowing” of common property for personal use.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 4 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A stole an item from Weshop. The Board found that Student A had indeed violated the Code because Student A admitted to stealing from Weshop. Student A also admitted to stealing from Weshop in the past. As a sanction, the Board recommended that Student A be given disciplinary warning and complete 12 hours of community service; one hour for every dollar worth of stolen items, to be completed by May 22, 2005.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 4 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A hit Student B’s car. Student A denied hitting Student B’s car and added that there was no indication on Student A’s car of the accident. The Board found Student A not in violation of the Code.
In a joint student-administrative board hearing, the Board considered an allegation that a student had violated Section II, Regulation 4 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A misused electronic property from the university. The Board found that Student A had indeed violated the Code because it was more likely than not that Student A was aware that the property Student A was misusing belonged to the university, one of its members, or one of its neighbors. As a sanction, the Board recommended that Student A be given disciplinary probation for the remainder of the 2004-2005 academic year and complete 15 hours of community service by the end of the 2004-2005 academic year.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 4 and 10 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A was throwing snowballs at cars driving on Washington Street. The board found that Student A was not in violation of Regulation 4 because it could not be determined what property was abused. Student A was found in violation of Regulation 10 because of admitting to throwing snowballs at moving cars which endangered the lives of the people driving those cars and people in the surrounding area. As a sanction, the Board recommended that Student A be given a disciplinary warning and ten hours of community service to be completed by May 31, 2005.
Regulation 5 - False Information Knowingly furnishing false information to a University officer or member of any constituted hearing board acting in performance of his/her duties is prohibited, as is the failure to provide University personnel with adequate identification upon request.
Regulation 6 - Misuse of Documents Forgery, alteration, or the unauthorized possession or use of University documents, records or instruments of identification is prohibited.
Regulation 7 - Tampering with Locks and Duplication of Keys Tampering with locks in University buildings, unauthorized possession or use of University keys, and alteration or unauthorized duplication of University keys are prohibited.
Regulation 8 - Fire Protection Systems Tampering with fire extinguishers, fire alarm boxes, or smoke or heat detectors anywhere on University property is prohibited.
Regulation 9 - Restricted Items/Fire Hazards The possession or use of items designated as fire hazards is prohibited within any University-owned or operated facility.
Regulation 10 – Reckless Endangerment Creating condition(s) or an environment that endangers, or has the potential to endanger, other members of the community or property is prohibited. Failure to take reasonable constructive action to remedy such conditions may also constitute a violation.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulations 10, 13b, and 13g of the Code on Non-Academic Conduct. Specifically, it was alleged that Student A was seen by Public Safety at a parking lot with two beers in both hands. The Board found Student A in violation of Regulation 10 but not in violation of Regulations 13b and 13g, based on the evidence provided. As a sanction, the Board recommended that Student A be given a disciplinary warning.
Regulation 11 - Pets Un-caged pets are not allowed in any University facility, including residential facilities, classrooms, libraries, laboratories, studios, sports facilities, food service areas, administrative offices, and public meeting areas.
Regulation 12 - Disruptions The following “ground rules” for political freedom on campus are excerpted from the booklet "Academic Freedom and Civil Liberties of Students in College and University," published by the American Civil Liberties Union in 1970.
"Ground Rules. Picketing, demonstrations, sit-ins, or student strikes, provided they are conducted in an orderly and non-obstructive manner, are a legitimate mode of expression, whether politically motivated or directed against the college administration, and should not be prohibited. Demonstrators, however, do not have the right to deprive others of the opportunity to speak or be heard; take hostages; physically obstruct the movement of others; or otherwise disrupt the educational or institutional processes in a way that interferes with the safety or freedom of others.”
Regulation 13 - Drugs and Alcohol The University prohibits underage and unlawful possession, use, or distribution of illicit drugs and alcohol.
In a full hearing, the Board considered an allegation that a student had violated Section II, Regulations 13b, 13d, and 14 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A consumed alcohol while underage, possessed a false ID, and failed to comply with Public Safety. The Board found that Student A had indeed violated 13b and 14 of the Code. Although Student A was not drinking the alcohol, the student was in possession of it. In addition, Student A provided Public Safety and the Middletown Police Department with false information and refused to provide them with the correct identification and refused to state the reason why for frequenting a freshmen dorm. As a sanction, the Board recommended that Student A be given disciplinary probation for the remainder of this semester, as well as through May 31, 2006. In addition, Student A’s parents will be notified of prior existing alcohol-related violations. Lastly, the Board recommended that Student A be required to complete 15 hours of community service before the Fall semester (August 1, 2005).
In a full hearing, the Board considered an allegation that Students A-F had violated Section II, Regulations 13b and 13d of the Code of Non-Academic Conduct. Specifically, it was alleged that Students A-F consumed alcohol underage and had false identification. The Board found that Students A-F were not in violation of Regulation 13d since there was no evidence to suggest this. The Board found that Students A-F had indeed violated Regulation 13b of the Code because all admitted to be in possession of alcohol. As a sanction, the Board recommended that Students A-E be given disciplinary probation for the remainder of the semester as well as through Fall 2005 and Student F be placed on disciplinary probation for the remainder of the semester.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 13b of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A had consumed alcohol underage. The Board found that Student A had indeed violated the Code because of admitting to doing. As a sanction, the Board recommended that Student A be given disciplinary probation for the remainder of the semester, as well as complete 5 hours of community service by May 31, 2005.
In a simplified hearing, the Board considered an allegation that three students had violated Section II, Regulation 13b of the Code of Non-Academic Conduct. Specifically, it was alleged that Students A, B, and C were carrying a 30-pack of beer each when an R. A. saw them and called Public Safety. The Board found all three students in violation of the Code. As a sanction, the Board recommended Students A, B, and C be given disciplinary warning.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 13b of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A consumed alcohol although under the legal drinking age. The Board found that the student had indeed violated the Code. As a sanction, the Board recommended that Student A be given disciplinary warning.
In a simplified hearing, the Board considered an allegation that two students had violated Section II, Regulation 13b of the Code of Non-Academic Conduct. Additionally, it was alleged that another student had violated Section II, Regulations 13c and 15 of the Code. The Board found that Students A and B had indeed violated the Code, as they pleaded in violation. As a sanction, the Board recommended that they be given disciplinary warning. Student C was also found in violation of the Code, per the statement provided by Public Safety. As a sanction, the Board recommended that Student C be given disciplinary warning and complete 5 hours of community service.
In a simplified hearing, the Board considered an allegation that two students had violated Section II, Regulations 13b, c and 14 of the Code of Non-Academic Conduct. Specifically, it was alleged that a Public Safety officer saw a keg on a Foss Hill balcony and people drinking in the students’ room. Student A was seen in possession of a cup with alcohol. The Board found the students not in violation of the Code based on their statements. The students’ stories were consistent. The keg ownership was unclear and there was no evidence of failure to comply.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulations 13b and 13c of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A distributed alcohol illegally and consumed alcohol despite the fact the student is under the age of 21 years old. The Board found the student not in violation of the code because the student’s room was not entered in accordance with the CNAC policy. Also, Student A lives in a one room double and the roommate was the person responsible for distributing alcohol.
In a simplified hearing, the Board considered an allegation that a program house had violated Section II, Regulations 13b, 13c, and 15 of the Code of Non-Academic Conduct. Specifically, it was alleged that a group of 30 students had been drinking at the house, some of them underage. The board found the house had not violated Regulations 13b and 15 because the only underage person found drinking was a non-resident and because the party did not need to be registered as it did not exceed 49 people. The Board found the house in violation of Regulation 13c because it is their responsibility to monitor who enters and what happens in the house. As a sanction, the Board recommended that the house be given disciplinary warning and 15 hours of community service.
Regulation 14 - Failure to Comply Members of the community are expected to comply with requests made by University personnel acting within the capacity of their responsibilities. Public Safety Officers should be allowed to enter private residential spaces to address suspected policy violations. Officers may enter private residential spaces without residents' permission only with the approval of the dean of the college (or designee).
Regulation 15 - Department Regulations Members of the community are expected to abide by duly established and promulgated nonacademic regulations. This is intended to cover the operating regulations of all University programs and facilities.
In a simplified hearing, the Board considered an allegation that a student had violated Section II, Regulation 15 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A had received numerous parking tickets. Student A was also seen parked in front of Olin Library twice. The Board found that Student A had indeed violated the code. As a sanction, the Board recommended that Student A be given disciplinary warning and complete 5 hours of community service by May 31, 2005.
In a simplified hearing, the Board considered an allegation that Student A had violated Section II, Regulation 15 of the Code of Non-Academic Conduct. Specifically, it was alleged that Student A accessed software without permission. The Board found that Student A had indeed violated the Code because Student A had accessed the database and admitted to wrong actions. As a sanction, the Board recommended that Student A be given disciplinary warning and complete 5 hours of community service by May 31, 2005.
In a simplified hearing, the Board considered an allegation that a student had violated section II, Regulation 15 of the Code of Non-Academic Conduct. Specifically, it was alleged that Students A and b had hosted a party and failed to comply with university policy by not monitoring all entrances to the residential unit. The Board found that Students A and B did indeed violate regulation 15 because they admitted to not having certain doors monitored. As a sanction, the Board recommended that the students be given disciplinary warning.