Community Standards Board (CSB) Procedures

Community Standards Board

A.Composition and Tenure

  1. The CSB is the entity responsible for resolving both alleged violations of the Honor Code and the Code of Non-Academic Conduct.
  2. The voting membership of the Community Standards Board (CSB) shall be comprised of up to 15 students, each serving up to two years.
  3. The advisory membership of the board shall consist of at least two faculty or staff members, each serving a two-year term, and the dean of students (or designee).

B.Selection

  1. The regular voting members of the boards shall normally be selected in the spring of their sophomore year to serve a two-year term.
  2. Additional members may be selected to fill vacancies. They will serve for the duration of the unexpired term.
  3. Voting members shall be chosen by a selection committee consisting of at least two voting members of the boards, at least one advisor, and at least two members of the Wesleyan Student Assembly.
  4. A voting member of the board may be removed from the board, for cause, by the dean of students (designee). Complaints against a voting member of the boards should be submitted to the dean of students (designee).
  5. No voting member of the boards shall serve concurrently on the Student Affairs Committee of the Wesleyan Student Assembly or the Trustees’ Campus Affairs Committee.

The faculty/staff advisors to the boards will be appointed by the vice president for student affairs in consultation with the CSB co-chairs and the Faculty Executive Committee.


C.Officers

  1. The voting members of each board shall select, with the approval of the dean of students, two co-chairs, each normally serving a one-year term.
  2. The co-chairs shall review complaints as they are received by the clerk, consult with the administrative advisor(s) on the appropriate method of adjudication, and schedule hearings as appropriate. The co-chairs will maintain records in a form approved by the dean of students.
D.Responsibilities
  1. The CSB shall hear complaints concerning alleged violations of the Honor Code and the Code of Non-Academic Conduct by other students or by student groups-- and hear complaints concerning alleged violations of the Honor Code. When appropriate, the CSB shall attempt to refer cases of non-academic conduct for mediation prior to any formal adjudication. Cases involving allegations of sexual assault may not be referred for mediation and will be adjudicated in accordance with the procedures outlined in the Discriminatory Harassment and Sexual Misconduct policy. In non-academic conduct cases, the CSB shall determine the level of individual and/or group responsibility for the incident leading to the complaint.
  2. The CSB shall be responsible for adjudication of all alleged violations of the Honor Code and Code of Non-Academic Conduct except those cases that may arise when the CSB cannot convene (summer, recess periods, etc.). Cases arising when the CSB cannot convene may be held in abeyance until such time as the CSB reconvenes, may be disposed of via judicial conference, or may be adjudicated by an interim administrative judicial board.
  3. In order to permit the expeditious handling of cases in which mediation is feasible or of minor judicial matters, the CSB may, with the approval of both the dean of students and the Student Life Committee, develop simplified procedures and may delegate the responsibilities for mediation or adjudication.
  4. In all matters the boards shall receive evidence, hear witnesses, determine if the respondent student(s) or group is responsible for violations of regulations and policies, and shall recommend sanctions to the dean of students. In a formal sense, the authority to impose sanctions in the name of the University must be vested in an officer of the University.
  5. The role of the faculty and administrative advisor(s) is to brief the CSB before each hearing to ensure a clear understanding of the regulation(s) in question and of the hearing procedures. The advisor(s) shall advise the chair during hearings to see that the board follows procedures correctly. They may offer information and assist the chair in facilitation. They may also offer advice or clarification regarding appropriate sanctions or questions regarding policies and procedures during deliberations in closed session.

The board shall periodically distribute a summary of the adjudicated cases to the campus community. The names of those involved in the cases should be omitted and identifying information changed as appropriate to protect the confidentiality of those involved.


E.Jurisdication

The Community Standards shall have the ability to hear complaints concerning violation(s) of the Honor Code and Code of Non-Academic Conduct and in any of the following circumstances:

  1. If the violation occurs on the campus or in any campus facility;
  2. If the violation occurs during a University-related activity (e.g., athletic contest, field trip, social event, activity sponsored by a recognized student organization), regardless of where the conduct occurs;
  3. If the violation, regardless of where the conduct occurs, calls into question the student’s suitability as a member of the University community or has the potential to adversely affect a member of the University community or the University itself.
  4. Off-Campus Criminal Violations—A student charged with an off-campus criminal violation is not automatically subject to University disciplinary procedures. Rather, the question of initiating University disciplinary action depends on whether the incident that led to the arrest also harmed a distinct interest of the University. Therefore, the University is faced with the necessity of developing sufficient information to determine if and in what manner the interests of the University community have been harmed. If it is determined that such harm has taken place, the information will be presented to the CSB as the basis for disciplinary action.

Hearing Procedures

Reports of Violations

Honor Code Violations

Any individual who is aware of a violation of the Honor Code may submit a report to the assistant dean of students, Kevin Butler (kbutler@wesleyan.edu) or via the Honor Code Violation form:

https://cm.maxient.com/reportingform.php?WesleyanUniv&layout_id=5.

Reports should be submitted as soon as possible. Reports must be in writing and contain a complete description of the incident with the names of all parties involved.

Code of Non-Academic Conduct Violations

Although most alleged violations are documented by the Office of Public Safety and Residential Life, any individual who is aware of a violation of the Code of Non-Academic Conduct may submit a report to the Office of the Dean of Students. Reports should be submitted as soon as possible, but preferably within ve (5) days of the incident. Reports must be in writing and contain a complete description of the incident with the names of all parties involved as participants or witnesses. The University may file a complaint when violations of the Code of Non-Academic Conduct harm salaried employees or University guests or neighbors, or if witnesses are unwilling to pursue the matter.

The Code of Non-Academic Conduct applies to groups as well as to individuals. Whenever a complaint is led with the CSB, the officers of the CSB and an administrative advisor will review the complaint to determine the degree to which a group may be responsible for the actions leading to the complaint. If it is determined that a group may be responsible for a violation of the Code, the CSB will take appropriate action with respect to the group as well as the individuals involved

Notification of Charges

The respondent will receive written notification of alleged violations of the Honor Code or the Code of Non-Academic Conduct. The student must respond to the notice of charges within the time frame outlined in the notification. Please note that the University’s primary means of communicating with students is through their Wesleyan email accounts. Students are responsible for reading and responding to email from University officials.

Requesting Accommodations

If you would like to request accommodations for a documented disability, please contact the Office of Accessibility Services (860-685-5581) as soon as possible and prior to your hearing.

Students' Rights

  • Written notice of charges, including time and place of the alleged violation (if appropriate) at least forty-eight (48) hours prior to a scheduled hearing.
  • Advice from the Office of the Dean of Students in preparing for a hearing.
  • Resolution of charges in accordance with the procedures as outlined.
  • Review of the reports that serve as the basis for the charge(s).
  • Participation in the hearing.
  • Assistance from a process advisor (if requested).
  • Written notice of the hearing decision.
  • Opportunity to file an appeal.
  • Written notice regarding outcome of appeal.
  • Confidentiality regarding the outcome of the hearing (except for the complainant’s right to be informed of the hearing decision) and any subsequent appeal.
Procedures

The following hearing procedures will be used in all hearings except for cases of discriminatory harassment and sexual misconduct:

  1. The chair will conduct the hearing according to the following procedures:
    • The chair will inform the respondent(s) of the alleged violation(s).
    • The respondent(s) will acknowledge whether they are responsible or not responsible for the violation(s).
    • The complainant(s) and witnesses (if any) will have the opportunity to make opening statements and offer their account of the incident.
    • The respondent(s) and their witnesses (if any) will have the opportunity to make opening statements and offer their account of the incident.
    • The complainant(s) and the respondent(s) may pose questions to the board who will then redirect them to the appropriate party.
    • Board members may question the complainant(s), the respondent(s), and/or any witnesses.
    • The complainant(s) and the respondent(s) may make closing statements.
    • In cases where the complainant(s) or respondent(s) fail to appear, the chair may modify these procedures.
  2. All parties involved in the hearing may review available written evidence in the case le before the hearing.
  3. All hearings shall be conducted in accordance with the standards of fair process. Specifically, the respondent should be informed of the nature of the charges against them, be given a fair opportunity to refute the charges, and the opportunity to appeal the board’s decision. Any board member who feels they cannot be impartial in a given case shall recuse themself and shall be replaced by another voting member.
  4. The board may require the cooperation of any member of the University community in furnishing testimony or evidence directly related to the adjudication of a case. However, no member of the University staff with whom a respondent has entered into a statutorily recognized confidential relationship may provide information arising from that relationship without the permission of the respondent. Furthermore, the board shall excuse a witness if it concludes that by giving testimony the witness may be endangered.
  5. Only individuals with direct knowledge of the incident will be allowed as witnesses. Character witnesses are not permitted.
  6. The chair (or designee) will generate a written summary of all hearings. CSB full hearings will also be recorded.

Written summaries will be maintained with the case. Audio recordings of the hearing are to be used by the board during deliberations and/or by the vice president for student affairs if there is an appeal of the board’s findings. Recordings will usually be destroyed after the appeal process is complete.

  1. Student disciplinary records are confidential and are available only to persons who have permission from the student or as permitted by law. Limited disciplinary information may be shared with other University administrators and faculty members who, at the discretion of the dean of students, have a legitimate need to know.
  2. All hearings are closed to the general public.
  3. If a respondent fails to appear for a scheduled hearing, the board will hear the case based on the available information.

The University may proceed with charges of misconduct even when a respondent leaves the University for any reason (e.g., voluntary withdrawal, required resignation, separation, or dismissal).

  1. A respondent may bring an advisor to a hearing. The advisor must be a student, a member of the faculty, or an administrator at the University. During the hearing the advisor may only advise during recesses granted by the board and may clarify procedural questions before, during, or after the hearing.
  2. The board will make decisions about responsibility and sanction(s), if appropriate, during closed session, and their decisions regarding responsibility shall be based on the evidential standard of “preponderance of the evidence.” The board is responsible for determining if it is more likely than not that the alleged violation occurred. The complainant need not provide evidence beyond a reasonable doubt in a hearing. Decisions rendered during hearings shall be by majority vote of the voting members present. The board will forward its finding and recommended sanction(s) to the dean of students who will review and implement them in the name of the University. The considered judgment of the board shall be taken by the dean of students as a binding recommendation, to be modified only in extraordinary circumstances. The respondent(s) will be notified in writing via email of the hearing outcome and any sanctions imposed as well as guidelines for filing an appeal.
  3. The University requires that student board members and administrative staff maintain confidentiality regarding judicial matters. Complainant(s) will be informed of the board’s decision. Information about assigned sanctions will be shared with complainant(s) as deemed appropriate by the dean of student’s office. The dean of students may share information about charges, findings, and sanctions with University personnel who, at the discretion of the dean, have a legitimate need to know.

Board Configurations

Honor Code and Code of Non-Academic Conduct Violations

Violations of the Honor Code will be heard by a board comprised of at least three (3) student members of the Community Standards Board and advised by one of the administrative or faculty advisors.

The dean of students will consult with a designated representative from the CSB in order to determine the manner in which cases should be resolved when the CSB cannot convene or if a student(s) admits responsibility and does not want to participate in a hearing.

There are several adjudication procedures used to resolve Code of Non-Academic Conduct Violations. The Community Standards Board co-chairs and the administrative advisor(s) will meet to review cases submitted for adjudication. This group will determine the appropriate adjudication procedure for resolving the case. If the group is unable to come to consensus on an adjudication procedure for a particular case, the dean of students may make the final determination.

1. Judicial Conference

Minor judicial matters and cases where mediation is feasible will be referred to the Residential Life professional staff who will contact the respondent(s) and attempt to resolve the case via a judicial conference. During the judicial conference, the respondent(s) and the Residential Life staff member will discuss the incident, alleged violations, and possible sanctions. If an agreement regarding the student’s level of responsibility and sanctions (if appropriate) can be reached during the conference, the student will sign a summary/response form indicating their agreement with the proposed resolution and the case will be considered closed. If no agreement can be reached, the case will be referred to the Community Standards Board for formal adjudication.

If a student is facing more serious charges, the student may request a judicial conference with the dean of students or designee. The conference will be conducted as outlined above, but the full range of sanctions is available to the dean. The dean will consult with the co-chairs of the CSB before imposing sanctions.

2. Simplified Hearing

In cases involving minor violations, the CSB shall convene a simplified hearing. At such a hearing, the board shall meet with three voting members present—although permitted, advisors do not normally attend simplified hearings. A limited range of sanctions including disciplinary warning, disciplinary probation, community service assignments, fines, restitution, and educational assignments is available in this procedure. If during the course of a simplified hearing the CSB determines that the nature of the violation and/or probable sanctions are more serious than anticipated, the simplified hearing may be adjourned in favor of a full hearing.

3. Full Hearing

In cases involving violations that are deemed to be serious, the CSB shall convene a full hearing. At such a hearing, the board shall meet with five voting members present, at least one faculty or one administrative advisor. The full range of sanctions is available in this procedure. In cases where the administration identifies itself as the aggrieved party, the administrative advisor should withdraw and will be replaced by the second faculty advisor. This procedure should not be followed when the administration brings a case on behalf of an aggrieved third party.

If a student’s continued presence on campus endangers University property, the physical safety or well-being of other members of the University community, affects his/her physical or emotional safety or well-being, or disrupts the educational process of the community, the dean of students may request an expedited hearing. An expedited hearing will be convened immediately (typically within 48 hours) and may involve an interim board (as outlined below) if the CSB is unable to convene on such short notice. Examples of cases that warrant such a hearing include, but are not limited to, cases involving arson, assault, threats, and reckless endangerment. The dean of students has the authority to place a student on an immediate suspension pending the outcome of the hearing.

4. Joint Student-Administrative Panel

When the CSB co-chairs and advisors determine that a case involves egregious violations and/or serious violations where external legal charges may also result from the alleged conduct, a joint student-administrative panel may be convened to hear the case. At such a hearing, the panel shall be comprised of two student members of the CSB and two administrators, all with full voice and vote. At least one of the CSB’s administrative advisors should serve on the panel. The full range of sanctions is available in this procedure. If the panel is unable to come to consensus on the case during deliberations, the dean of students may make the final determination. For this reason, the dean of students may attend the hearing in an ex officio capacity, but should not attend deliberations. The dean may consult with the University’s legal advisor if appropriate.

5. Administrative Panel

Cases can be adjudicated by an administrative panel comprised of four employees of the University.

6. Interim Administrative hearing

An interim administrative board shall be comprised of the dean of students (or designee), an advisor to the CSB, and at least one student member of the CSB. The CSB member(s) of the interim administrative board may participate in hearings via speakerphone or other similar technology. The dean of students will consult with a designated representative from the CSB in order to determine the manner in which cases should be resolved when the CSB cannot convene.

7. Joint Graduate Judicial Board-Community Standards Board Panel
When the CSB co-chairs determine that a case involves both an undergraduate(s) student(s) and a graduate student(s), a joint GJB-CSB panel may be convened to hear the case. At such a hearing, the board shall be comprised of two student members and one advisor member from each of the GJB and CSB panels

Hearings and Findings and Sanctions

Hearing Findings

  1. Not Responsible—A decision that the respondent is not responsible for a violation of the Honor Code or the Code of Non-Academic Conduct, or that there is insufficient evidence to establish that a student is responsible for the alleged violation(s).
  2. Responsible—A decision that the respondent is responsible for a violation of policy as charged.

Hearing Sanctions

Honor Code

  1. Violations of the Honor Code are among the most serious offenses an individual may commit at Wesleyan.
  2. The Community Standards Board shall invoke penalties at their discretion, up to and including suspension or dismissal from the University but not include points.

Code of Non-Academic Conduct Sanctions

The University should have a range of sanctions of graduated severity to deal with infractions of varying seriousness. Insofar as possible, sanctions should fit the offense in a common-sense manner. In fall 2012, the University implemented a point system to bring greater clarity to what students may expect if they are found to have violated regulations.

The following grid contains the point ranges the judicial board will consider for particular violations (#). If a case arises where a student or group is charged with multiple violations, the board will have the discretion to consider the greatest range indicated by all of the alleged violations (for example, if there are two violations with ranges of 2–6 and 1–3 respectively, the board will consider the range of points as 1–9). The total range of points goes from 1 to 10. If a student accumulates 10 or more points, the board will likely recommend a separation from the University for a specified period of time.

REGULATION AND POINT RANGE TABLE

 Reg #                                      Regulation                                            Point Range

1

Disturbance of the Peace

1-3

2

Harassment and Abuse

2-10

3

Sexual Misconduct/Sexual Assault

5-10

4

Property

1-8*

5

False Information

1-4

6

Misuse of Documents

2-10

7

Locks and Keys

1-4

8

Fire Protection Systems

2-5

9

Restricted Items/Fire Hazards

 

9a

Starting a Fire

1-4

9b

Storing Flammable Material

1-3

9c

Cooking/Heating Devices

1-3

9d

Certain Decorative Items

1-3

9e

Explosives, Ammunition, Incendiary Devices

2-10

9f

Weapons

4-10

10

Reckless Endangerment

2-10

11

Pets

1-3

12

Disruptions

1-10

13

Drugs and Alcohol

 

13a

Drugs

1-5*

13b

Underage Possession or Use of Alcohol

1-3

13c

Distribution of Alcohol to Minors

1-4

13d

Possession of False Identification

1-2

13e

Open  Container

1-2

13f

Sale or Dispensing without a Permit

1-3

13g

Operating Under the Influence

5-10

13h

Medical Amnesty Policy

0 

14

Failure to Comply

1-4

15

Department Regulations

 

15a

Social Event Registration

1-3

15b

Unregistered Guest

1-2

15c

Smoking in Residence Hall

1-2

15d

Quiet Street Noise Violation

1-3

15e

Physical Plant/Restricted Items

1-3

15f

Chalking Policy

1-3


# The point ranges outlined above will be followed except in mitigating and aggravating circumstances where the impact of student behavior indicates a judicial response outside of the published range. While the number of points one receives are only used for internal purposes, judicial incidents and resulting sanctions are reported to graduate schools for as long as those records are maintained. 

* Restitution for property damage may be included in the sanction up to two times the cost of repair or replacement.
** distribution/sale of drugs on or off campus will result in 4–10 points.

In Addition to any Other Sanctions:

1–4 total accumulated points will result in a student receiving a “disciplinary warning”

5–9 total accumulated points at any time will result in a student being on “disciplinary probation”

10 or more accumulated points will result in a separation of the student from the University through either suspension or dismissal

A student who has been found responsible for violating the Code of Non-Academic Conduct and assigned points as a result, will lose one point after six months (180 days) without being found responsible for any additional infractions. (A student with six points who is placed on probation will return to disciplinary warning status after one year without any additional infractions.)

The board will consider a range of sanctions including but not limited to community service, fines, restitution, educational assignments, and referrals to deans and directors of student affairs’ departments. Students who do not complete assigned sanctions will be assessed an additional disciplinary point and may be charged with failure to comply. Based on the number of points assigned, the board will normally recommend the imposition of one of the following sanctions:

  1. Disciplinary Warning—An official written reprimand that includes a warning that further violations of the Code of Non-Academic Conduct will result in more serious sanctions.
  2. Disciplinary Probation—A temporary status for a period to be established by the board, during which the student’s standing within the University is in question. Additional violations during the probationary period may result in suspension or dismissal. The dean of students will typically notify parent(s) or guardian(s) of students placed on disciplinary probation by letter.
  3. Deferred Suspension—A status imposed by the board, indicating the student’s standing within the University is in jeopardy. Additional violations during the probationary period will result in suspension or dismissal.
  4. Suspension—A student’s removal from the institution for a period to be determined by the judiciary, but in no event less than the remaining portion of the semester during which the case is adjudicated. Students must comply with the terms of their suspension in order to be eligible to return to the University.
  5. Dismissal—A student’s permanent removal from the institution.
  6. In cases of damage to University property, the board, as a part of its recommendation to the dean of students, should normally require full restitution and/or any reasonable expenses for repair. The board may recommend restitution for damages suffered by a third party, but cannot collect damages on behalf of a third party.
  7. The board may recommend restriction of individual access to specific University facilities, limitation of individual participation in specific University activities, or curtailment of privileges that are enjoyed by a student, so long as these restrictions are directly relevant to the violation.

Repeat Violations—In the case of repeated violations or violation in deliberate disregard of a specific warning, a student will be subject to more serious sanctions than would otherwise be the case. A prior disciplinary record is never relevant in determining the facts of an incident, but once the facts have been established, it is relevant in determining appropriate sanctions.

Sanctions Related to Group Behavior—In addition to recommending other sanctions such as community service, fines, educational assignments, restitution, etc., the board may recommend the imposition of the following sanctions:

  1. A written disciplinary warning with a copy maintained in the judicial file. The warning may specify corrective measures that can help the group avoid similar complaints in the future.
  2. Disciplinary probation for a period to be established by the board, implying that the group’s standing within the University is in jeopardy and that further negligent or willful violations will normally result in suspension of University recognition. Disciplinary probation may include restrictions on the group’s functions during the probationary period. The group should also be informed of corrective measures that must be undertaken during the probationary period and maintained after its conclusion.
  3. Suspension of University Recognition—a group desiring to reestablish a relationship with the University must reapply for recognition by the University through the dean of students.

Appeals

Appeals of judicial findings may be directed to the vice president for student affairs (VPSA) who will convene an Appeals Board. The board shall consist of the VPSA as chairperson, one faculty/staff member, and one student member. The faculty or staff member shall be selected from among those trained as judicial process advisors, Honor Board and Community Standards Board advisors, or Title IX panelists. The VPSA will select a student member from the membership of the various adjudicating boards or the WSA Academic Affairs Committee chairperson (Honor Board appeals) or the WSA Student Affairs Committee chairperson (CSB appeals) on a case-by-case basis. Appeals Board members will not have been involved in the adjudication of the case being appealed. Consistent with Wesleyan’s adjudication processes, the student member of the appeals board will be replaced by a second faculty/staff member in cases of sexual misconduct and assault.

The purpose of the Appeals Board is to ensure that hearings were conducted according to the established judicial procedures. The Appeals Board will not substitute its own judgment for that of the original hearing body. Respondents who have been found to be in violation may appeal the decision to the Appeals Board on the basis of the following grounds:

  1. Violation of fair process;
  2. New evidence that was not reasonably available at the time of the hearing;
  3. Procedural error (if the error adversely affected the outcome of the hearing).

Students Who Wish to Appeal Must Do So In Writing. The appeal letter must clearly state the grounds and rationale for the appeal. Appeal letters should be addressed to the vice president for student affairs and must be submitted within ve business days of the hearing decision.

Sanctions Resulting from the Case Will Not Typically be Implemented Until After the Appeal is Resolved. If an expedited full hearing results in a student’s immediate suspension or dismissal, the student must leave campus and remain off-campus during the appeal process.

The Vice President for Student Affairs Will Notify the Student of the Outcome of the Appeal. If the appeal is granted, the Appeals Board has the authority to recommend a new hearing before a new board/panel. If the appeal is denied, the sanctions will be imposed and the University will consider the case closed.

Additional Procedures

Internal Injunctions

One special power, which may be exercised by the CSB, shall be to determine the point at which free expression by one individual or group crosses the line of tolerability and becomes an invasion of the rights of other individuals. This critical judgment must always be exercised in determining when verbal or physical expression can reasonably be considered harassment or disruption. Immediately upon receipt of a complaint that harassment or disruption is in process or imminent, thereby threatening to deprive an individual of his/her rights, the CSB shall convene to consider the matter. In such a case, the board shall be authorized to deliver an injunction against the conduct in question. This warning shall contain an explicit description of the disruptive behavior and reasonable time limit for compliance with the terms of the injunction. The injunction shall remain in effect until superseded by decision of the vice president for student affairs. If the injunction is violated, the dean of students (or designee), shall have the authority to impose immediate, temporary sanctions including, but not limited to, immediate suspension from the University.

Revisions

The president has the authority to make changes to the Code of Non-Academic Conduct or related procedures. Changes should be proposed to the vice president for student affairs. The dean will consult with the members of the CSB and with the Student Life Committee about the proposed changes before forwarding recommendations to the president. If extensive changes appear warranted, the Student Life Committee should consider establishment of a mechanism for broadly eliciting opinion and advice from the community.

Judicial Records

Student judicial records are confidential and are maintained separately from official academic records. Judicial records are maintained for six years after the academic year in which the violation was adjudicated after which they are destroyed.  While the number of points one receives are only used for internal purposes, judicial incidents and resulting sanctions are reported to graduate schools for as long as those records are maintained.  To inspect their record, a student should make an appointment with the clerk of the CSB. Students will have access to all official records and correspondence in the file. Except as required by law, information from the file cannot be released without the student’s permission.