Student Code of Conduct

Student Code of Conduct: Preamble

“We never educate directly, but indirectly by means of the environment. Whether we permit chance environments to do the work, or whether we design environments for the purpose makes a great difference.” (John Dewey 1933, p. 22)

ARTICLE I: PREAMBLE

Bryant University is committed to educating students to discover their passion and become leaders of character who make a difference around the globe. Another goal of ours is to encourage students to develop a sense of self-worth, an understanding of the behavior of themselves and others, an awareness of ethical issues, and a commitment to their own responsibility for upholding and strengthening community standards at Bryant. Students are expected to obey the policies of Bryant University as well as applicable local, state and federal laws and are not entitled to greater immunity or privilege before the law than that enjoyed by ordinary citizens. As they prize rights and responsibilities for themselves, students are expected to respect the rights and responsibilities of others. For infractions of laws, regulations, policies and standards, students may be subject to disciplinary action up to and including expulsion from the University. Such disciplinary action may be imposed for violations which occur off campus when the violation may have an adverse effect on the University.

Definitions
The following selected terms are defined in an effort to facilitate a more thorough understanding of The Student Code. This list is not intended to be a complete list of all the terms referenced in The Student Code that might require interpretation or clarification. The Assistant Vice President of Student Life or designee shall make the final determination on the definition of any term found in The Student Code.

“Accused student” means any student accused of violating the Student Code.

“Hearing Officer” or “student conduct officer” means a University staff member who is authorized to determine the appropriate resolution of an alleged violation of The Student Code and/or to impose sanctions or affect other remedies as appropriate. Subject to the provision in this code, a hearing officer as well as a student conduct officer is vested with the authority to, among other duties, investigate a complaint of an alleged violation of The Student Code; decline to pursue a complaint; refer identified disputants to mediation or other appropriate resources; establish The Student Code alleged violations regarding an accused student; approve an administrative agreement developed with an accused student; conduct a hearing; impose sanctions; approve sanctions recommended by another hearing body; chair and/or advise a hearing and conduct an appellate review.

“Appellate body” means any person or persons authorized by the Vice President for Student Affairs, or designee to conduct a review of a decision reached by a hearing body.

“Business day” means any day, Monday through Friday, on which the University is open.

“Complainant” means any person who submits an allegation that a student violated The Student Code. When a student believes that they have been a victim of another student’s misconduct, the student who believes they have been a victim will have the same rights under The Student Code as are provided to the complainant, even if another member of the University community submitted the charge itself.

“Consent” Consent is a clear, informed, and voluntary agreement to engage in sexual activity. Consent requires an outward demonstration, through understandable words or behavior, which conveys a clear willingness to engage in sexual activity. Consent to one type of sexual activity does not equal consent to other types of sexual activity. Consent can be withdrawn at any point during sexual activity and the sexual activity must stop immediately. A verbal “no” establishes lack of consent. Silence, without clear actions demonstrating permission, cannot be assumed to indicate consent – the absence of “no” does not equal “yes.” Consent cannot be obtained by coercion, threat or force. Consent cannot be given by someone if they are mentally or physically incapacitated. Engaging in sexual activity with a person whom you know — or reasonably should know — to be incapacitated constitutes sexual misconduct. A person also is incapable of giving valid consent to sexual activity if they are under the legal age of consent (age 16 in Rhode Island). Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted and do not constitute evidence of consent.

“Designee” refers to a staff or faculty member who has responsibility for implementing the community standards process or administering the community standards system, in part or in whole.

“Assistant Vice President of Student Life” refers to that person in Student Affairs designated by the VP for Student Affairs to be responsible for the overall coordination of the University community standards system, including the development of policies, procedures, and education and training programs. The Assistant Vice President of Student Life may serve as a hearing officer, community standards adminstrator, and/or an appellate body.

“Hearing Board Chair” means a hearing officer who observes a hearing board/meeting and during the hearing board’s private deliberations for the purpose of providing information and interpretations relative to the University community standards system and The Student Code.

“Hearing Officer/Hearing Board” means one or more members of the University community authorized by the Assistant Vice President of Student Life or their designee to determine whether a student has violated The Student Code and to impose sanctions as warranted.

“Maxient database” means the electronic database used to track an incident and the response taken.

“Instructor” means any faculty member, teaching assistant or any other person authorized by the University to provide educational services (e.g., teaching, research, or academic advising).

“May” is used in the permissive sense.

“Member of the University community” includes any person who is a student, instructor, or University staff member; any other person working for the University, either directly or indirectly (e.g., private enterprise on campus); or any person who resides on University premises. A person’s status in a particular situation shall be determined by the Assistant Vice President of Student Life.

“Policy” is defined as the written regulations, standards, and community standards expectations adopted by the University and found in, but not limited to, The Student Code; The Terms and Conditions of the Occupancy and Board Contract; the Policy on Alcohol and Other Drugs, the Policy on Harassment; the Policy on Hazing; graduate and undergraduate catalogs; and other publicized University notice.

“Shall” and “Will” are used in the imperative sense.

“Student” means any person admitted, registered, enrolled, or attending any University course or University conducted program; any person admitted to the University who is on University premises or University-related premises for any purpose pertaining to their registration or enrollment.

“Student conduct file” or “Community Standards file” means the printed/written/electronic file which may include but is not limited to incident report(s), correspondence, academic transcript, witness statements, and student conduct history.

“Student organization” means an association or group of persons that has complied with the formal requirements for University recognition.

“Support person” means any person who accompanies an accused student, a complainant, or a victim to a hearing for the limited purpose of providing support and guidance. A support person may not directly address the hearing body, question witnesses, or otherwise actively participate in the hearing process.

“University” means Bryant University.

“University official” includes any person employed by the University to perform administrative, instructional, or professional duties.

“University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, either solely or in conjunction with another entity.

Student Code Authority and Proscribed Conduct

ARTICLE II: STUDENT CODE AUTHORITY

The Assistant Vice President of Student Life or designee shall determine the composition of Community Standards Hearing Boards and determine which Hearing Officer(s), Community Standards Administrator(s), and Appellate Board shall be authorized to hear each matter.

The Assistant Vice President of Student Life or designee shall develop policies for the administration of the community standards process and procedural rules for the conduct of Community Standards Hearings that are consistent with provisions of the Student Code.

Decisions made by a Community Standards Hearing Board and/or Community Standards Administrator or designee shall be final, pending the normal appeal process. Decisions will be communicated to the Accused student(s). Decisions may be communicated to the Complainant(s) as required or permitted by applicable law.

ARTICLE III: PROSCRIBED CONDUCT

A. JURISDICTION OF THE UNIVERSITY STUDENT CODE

The University Student Code shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Assistant Vice President of Student Life or designee shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case–by–case basis, in their sole discretion.

B. CONDUCT-RULES AND REGULATIONS

1. Abuse of the Community Standards, including but not limited to:

1. Failure to obey the notice from a Community Standards Hearing Process or University official to appear for a meeting or hearing as part of the Community Standards System.
2. Falsification, distortion, or misrepresentation of information before a Community Standards Hearing Board, Community Standards Administrator or Hearing Officer(s).
3. Disruption or interference with the orderly conduct of a Community Standards proceeding.
4. Attempting to influence the impartiality of a member of a Hearing Board prior to, and/or during the course of, the Community Standards Hearing Board proceeding.
5. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.
6. Harassment (verbal/written or physical) and/or intimidation of a member of a Community Standards Hearing Board prior to, during, and/or after a Community Standards proceeding.
7. Failure to comply with the sanction(s) imposed under the Student Code.
8. Influencing or attempting to influence another person to commit an abuse of the Community Standards system.

2. Abusive Conduct, physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person, including but not limited to:

1. Bullying/Cyber bullying.
2. Threats of violence.
3. Domestic violence.
4. Retaliation.
5. Emotional, mental, or psychological abuse
6. Use of technology or social media to target groups or individuals.

3. Abuse of Computer Facilities or theft or other abuse of computer facilities and resources, including but not limited to:

1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
2. Unauthorized transfer of a file.
3. Use of another individual’s identification and/or password.
4. Use of computing facilities and resources to interfere with the work of another student, faculty member or University Official.
5. Use of computing facilities and resources to send obscene or abusive messages.
6. Use of computing facilities and resources to interfere with normal operation of the University computing system.
7. Use of computing facilities and resources in violation of copyright laws.
8. Any violation of the University Computer Use Policy.

4.Abusive language or other behavior that is inappropriate, threatening and directed toward University staff, faculty, or other representatives of the University.

5. Alcohol

1. Possession/Use – Use, possession, manufacturing, or distributing of alcoholic beverages (except as expressly permitted by University regulations), or public intoxication.  Alcoholic beverages may not in any circumstance be used by possessed by or distributed to any person under twenty-one (21) years of age anywhere on University Property or off-campus establishments. 
2. Underage – Underage possession or consumption of alcohol anywhere on University property or off-campus establishments.
3. Presence of Alcohol – Knowingly present in a room, suite, apartment, townhouse, or space where alcohol is present, or presence at a gathering where this is obvious illegal drinking.
4. Selling/Distribution/Encouraging Intoxication – Selling alcohol to, buying alcohol for, or contributing to the intoxication of another person, including but not limited to negligently allowing an underage student to consume alcoholic beverages. Alcoholic beverages may not in any circumstance be used by, possessed by, or distributed to any person under twenty-one (21) years of age anywhere on University Property or at off-campus establishments. 
5. Open Container – In accordance with Smithfield Town Ordinance (chapter 118) open containers of alcohol are prohibited in public areas, including but not limited to outside, public lounges, hallways, etc.
6. Intoxication – Intoxication or significant impairment of function due to alcohol, regardless of age, and/or intoxication requiring medical evaluation or transport due to alcohol consumption.
7. Drinking Games – Drinking games or simulated drinking games are defined as games that promote the rapid consumption of alcohol, which include but are not limited to beer pong, flip cup, funneling, quarters, or altered board games.
8. Paraphernalia & Displays – Use or possession of paraphernalia specifically associated with consumption of alcohol, including but not limited to funnels, beer-pong tables, shot glasses, empty kegs, taps, Beirut tables, any item associated with drinking games, etc. Displays of beer boxes, empty containers, shot glasses in first-year residence halls, etc. are prohibited.
9. Operating a Motor Vehicle - Operating a vehicle under the influence of alcohol, or underage transportation of alcohol
10. Central Sources – Possession of central alcohol sources, including but not limited to kegs, beer balls, punch bowls, etc.
11. Consumption Locations - Students who are twenty-one (21) years of age and over may consume alcohol in the privacy of their residence hall bedrooms.  Students may consume alcohol in their suite/apartment/townhouse lounges/common areas only when all residents of the suite/apartment/townhouse are over the age of twenty-one (21).
12. Halls Prohibited – Alcoholic beverages are prohibited in Bristol House, Warren House, and Barrington House or any other designated first-year area.
13. Outdoor Gatherings: In accordance with Smithfield Town Ordinance prohibiting open containers of alcohol outside, alcohol is not permitted outside, with exception of licensed permit areas during pre-approved major campus events.
14. Possession Limits - Students who are twenty-one (21) years of age and over may have in their possession no more than one of the following amounts of alcohol at any time
    1. 12 pack of beer
    2. 12 pack of flavored malt beverages/wine cooler
    3. 12 pack of spiked seltzer beverages
    4. a maximum of 750 ml of wine
    5. a maximum of 375 ml of distilled spirits. 

Students may only possess one of the categories listed above at a time.  For example, students may not possess a 12 pack of beer and 750 ml of wine at the same time. Grain alcohol or equivalent substances are not permitted.

15. Campus Organizations – Alcohol may not be used at membership recruitment functions by any campus organization, including but not limited to student organizations, fraternities or sororities, departmental clubs, special interest groups, athletic teams, or club sports. Alcohol may not be served, consumed, or otherwise present at athletic, intramural, or recreational sports events.

For more information on alcohol, see the university’s Alcohol Policy.

6. Fire safety and emergency evacuation violations, including but not limited to:

1. Arson
2. Tampering, interference with or misuse of the fire protection systems
3. Starting a fire anywhere on campus.
4. Violation of the college smoking policy.
5. Failing to evacuate a building during a fire alarm or drill.

7. Bias Incident or Hate Crime

1. A bias incident is an act of bigotry, harassment or intimidation toward a person, property or group based on the person’s or group’s actual or perceived race, religion, color, ethnicity, national origin, age, sex, sexual orientation, gender identity or expression, disability, status as a protected veteran, pregnancy, marital status, or any other category protected by law. It can be an event, image, utterance, or behavior that demeans or degrades an individual or group from a protected category. This could occur physically, verbally, in writing or via social media or electronic means. A bias incident can occur whether the act is intentional or unintentional and may or may not be an unlawful act.
2. A hate crime is any crime motivated by bigotry and bias, including, but not limited to threatened, attempted, or completed acts that appear after investigation to have been motivated by racial, religious, ethnic, sexual orientation, gender, gender identity or expression or disability prejudice or motivated by prejudice against a person who is homeless or is perceived to be homeless (RI Gen. Laws, § 42-28-46(a)(2)).

8. Breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community.

9. Damage or Vandalism- deliberative or accidental to property of the University or property of a member of the University community or other personal or public property, on or off campus.

10. Dangerous Items- Illegal or unauthorized possession of firearms, explosives, other weapons, ammunition, fireworks, BB or pellet guns, paintball guns, air guns, airsoft guns, knives longer than 3 inches, martial arts weapons or dangerous chemicals on University premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.

11. Demonstrations – Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

12. Disorderly Conduct – conduct that is disorderly, lewd, or indecent; disorderly conduct includes but is not limited to:

1. Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises, while participating in University programs or activities, or during virtual meetings, without their prior knowledge, or without their effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person where there is reasonable expectation of privacy, i.e. residence hall room, locker room, or restroom. 
2. Creating recordings of any meetings, investigative interviews, hearings, class lectures, without the express consent of the meeting holder and participants, instructor, lecturer, or other University official.
3. Lewd or indecent conduct includes but is not limited to: Any act or attempted act of public nudity, streaking, mooning, and/or public urination.

13. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public service functions on or off campus, or of other authorized non-University activities when the conduct occurs on University premises.

14. Drugs

1. Possession/Use – The use or possession marijuana, prescription drugs other than intended use, narcotics, or other controlled substances except as expressly permitted by law. 

   Drug Paraphernalia  – Possession of drug- related paraphernalia (e.g., rolling papers, grinders, bongs, scales or pipes).

2. Sale/Distribution - The actual or intended sale, manufacturing, or distribution of marijuana, prescription drugs, narcotics, or other controlled substances
3. Presence of Drugs – Knowingly present in a room, suite, apartment, townhouse, or space where an illegal drug is being used, whether or not the student is using or observed using the illegal drug.
4. Intoxication/Impairment – Intoxication or significant impairment of function due to drugs
5. Consumption Requiring Medical Evaluation/Transport - Drug consumption requiring medical evaluation or transport
   
   Despite changes in state law, (legalization of the recreational use of marijuana for adults over the age of 21) Bryant University’s policies remain unchanged as federal law regarding marijuana use, possession, manufacturing, and distribution is observed. Marijuana in any form or amount is prohibited on campus.

For more information, see the university’s Drugs, Marijuana, and Other Substances policy

15. Failure to comply with directions of University officials or law enforcement officers acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so. Any student who cannot present a Bryant ID upon request when stopped at the Entry Control Station will be assessed a $25 fine.

16. False Information – Any student found to have committed or to have attempted to commit the following misconduct:

1. Furnishing false information to the University, any University official, faculty member or office
2. Forgery, alteration, or misuse of any University document, record, or instrument of identification
3. Possession of any form of false identification
4. Knowingly giving false information in a University community standards meeting or hearing
5. Knowingly bringing a false complaint against another person

17. Gambling – Any of the following activities on University-owned or controlled property: taking or receiving gambling bets; receiving and or extorting money for gambling debts; distributing gambling material. Placing bets of any kind on University-owned or controlled property or at any University or University organization sponsored or supervised function.

18. Guiding Principles – Violations of any kind of the University’s Guiding Principles and Pledge.

19. Hazing – Violations of any kind of the University’s Hazing Policy, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.

20. Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.

21. Theft -attempted or actual theft of property of the University or property of a member of the University community or other personal or public property, on or off campus.

22. Throwing Objects - Throwing, dropping, or projecting objects or substances within, out of, or onto vehicles, buildings, or other University structures. This includes bottles, food, garbage, snowballs, water, water balloons, or athletic equipment.

23. Entertainment Services - The presence of unsanctioned non-University entertainment services including, but not limited, to adult entertainment, human impersonators and musicians is prohibited. The act of creating and carrying out an unsanctioned contract with such services is also prohibited. Students or student organizations who have an interest planning official campus co-curricular programs or have ideas for programs for students on campus, please contact The Office of Student Activities.

24. Pond - Actions that include, but are not limited to, engagement with the pond such as swimming, ice skating, walking on ice, and throwing persons or objects in the pond are prohibited at all times.

25. Unauthorized possession, duplication or use of keys or Bryant ID cards to any premises or unauthorized access/entry (including forcible entry) to or unauthorized use of University premises, including but not limited to offices, residence hall rooms, townhouse roof access, residential hall roof access, University storage and loading docks.

26. Violation of any federal, state or local law.

27. Violation of Campus Policies and Procedures and all other University policies, rules, or regulations as published in the Student Handbook, or other official University publications produced in hard copy format or electronically on the University Website.

28. Animal Abuse or neglect

29. Sexual Misconduct, as defined in the university Sexual Misconduct Policy and when not within Title IX’s jurisdictional scope, is subject to the University’s responsive actions when its occurs in a study abroad program or has a direct or continuing impact upon a person’s equal access to Bryant’s education program or activity.

1. Sexual Harassment
2. Sexual Assault
3. Sexual Exploitation
4. Dating Violence, Domestic Violence, or Stalking

For more information on Bryant’s definition of sexual harassment, sexual assault, sexual exploitation, and domestic violence, dating violence or stalking, see the university’s Sexual Misconduct Policy.

C. VIOLATION OF LAW AND UNIVERSITY DISCIPLINE

University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Assistant Vice President of Student Life or designee.

Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the University may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Student Code of Conduct: Procedures

ARTICLE IV: STUDENT CODE OF CONDUCT PROCEDURES
(Excluding reported Title IX violations)

A. THE COMMUNITY STANDARDS PROCESS

The Community Standards process is purposed to enforce the Student Code of Conduct. The procedures outlined below provide a fair and equitable process to determine if an accused student is found responsible or not responsible for any reported violations against the Student Code of Conduct.

Any member of the University community may file a complaint against a student or student organization for alleged violations of the Student Code. A complaint shall be prepared in writing and submitted as soon as possible or within a two-week period. Complaints should be reported to the Department of Public Safety, Office of Residential Life, Office of Community Standards, Bias Incident Committee, and Title IX. Alleged violations may also be reported using the appropriate Report Form.

The Community Standards process is initiated with a Notification of Disciplinary Action letter, which includes the alleged charges and is sent by a Hearing Officer(s) using students’ Bryant email address. Community Standards staff will take all reasonable steps to ensure the process is conducted fairly and in good faith for all involved. 

The standard of evidence used by hearing officers is the “preponderance of the evidence” standard. This means that the determination is made based on whether it is more likely than not that the accused student violated the Student Code. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Community Standards proceedings.

Students requesting a reasonable accommodation to receive equal access in navigating the community standards process should notify the Hearing Officer and contact the Office of Accessibility Services (OAS). OAS will determine accommodations on a case-by-case basis. Students with a documented disability who are not yet registered may contact OAS. Accommodations are not applied retroactively and will not fundamentally alter the community standards process. 

Alleged violations of the University’s Title IX Policies will be addressed in consultation with the Title IX Coordinator. Please see the following Title IX Procedures applicable for such cases.

Bryant University expects that all members of the community understand their behavioral responsibilities and respect the rights of all other community members. Bryant University expects its students to adhere to high standards of civility and to behave in a responsible manner that always brings credit to themselves and the University.

B. PATHWAYS TO RESOLUTION

All incident reports and/or investigation reports are reviewed in the Office of Community Standards and those that warrant action are resolved in a manner outlined in the Student Code of Conduct. Pathways to resolution include informal warning letters, informal/alternative resolutions, formal hearings, or the community standards hearing board process, depending on the nature of the concern or alleged violation.

1. Informal Warning Letter
   An informal warning letter is an email communication from a designated community standards administrator identifying a concern or issue that can be resolved by informing, educating, and reminding the student of relevant university policies or rules. Repeated behaviors may result in a follow-up meeting and/or a formal hearing process.
    
2. Informal/Alternative Resolutions/Educational Conversations
   An Informal/Alternative Resolution is an educational discussion regarding an alleged incident. During the meeting, a hearing officer, community standards administrator, or staff designee will discuss the University’s concern with the student’s involvement in the alleged situation. This educational conversation is developmental in nature and an opportunity for students to explore the impact of their actions. Students will engage in a process of reflection to manage emotions and expectations surrounding the incident. Students will explore steps to restore any harm that was caused to others by the incident. Through such analysis, students will receive the tools to navigate and prevent similar situations from occurring in the future. Repeated behaviors may result in a formal hearing process.
    
3. Acceptance of Responsibility 
   Prior to any hearing, the student may be asked whether they wish to waive the hearing by voluntarily and knowingly accepting responsibility. The student will receive a Notice of Disciplinary Action letter via Bryant email describing the alleged violation(s), the associated charge(s), and recommended sanction(s) that will be imposed if the student accepts responsibility. If the student accepts responsibility for the violation(s)/associated charge(s) and accepts the sanction(s), the student will receive a decision letter within five (5) business days, unless special circumstances make that impossible. If the student accepts responsibility for the violations(s)/associated charge(s) but does not accept the recommended sanction(s), a sanctions-only hearing will proceed. If the student does not accept responsibility for the violations(s)/associated charge(s), the presumption of not responsible remains and the hearing process will proceed.
    
4. Sanctions-only Hearing
   A sanctions-only hearing will be held before a hearing officer(s) or hearing board after the student has voluntarily and knowingly accepted responsibility for the violation(s)/associated charge(s) outlined in their Notice of Disciplinary Action letter. 
   
   Prior to the sanctions-only hearing, the student will receive an official hearing notification via Bryant email describing the alleged violation(s)/associated charge(s), the student’s voluntary acceptance thereof, the recommended sanction(s) outlined in the student’s Notice of Disciplinary Action letter, and the time and place for the sanctions-only hearing. 
   
   Sanctions-only hearings are conducted in private with a hearing officer(s) or hearing board. The purpose of a sanctions-only hearing is to review the recommended sanction(s), the student’s response to the recommended sanctions, the student’s prior conduct history, and any other information (e.g., student impact statements) the hearing officer deems appropriate. Character witnesses and character statements will not be considered.
    

5. Formal Hearing
   A student who receives a Notice of Disciplinary Action letter will be entitled to a formal hearing, unless the student has voluntarily and knowingly accepted responsibility for the violation(s)/associated charge(s) and sanctions. Formal hearings are conducted in private with a hearing officer(s). 
   
   The purpose of a formal hearing is for a hearing officer to gather details surrounding the reported incident. Accused students have the right to provide their account of an incident, including knowledge of the event and relevant materials. It is during the formal hearing in which an accused student has the full opportunity to share their account

   Hearing Officer(s) will consult a student’s academic schedule to request meeting times. Any student who does not appear for their hearing without an approved request to reschedule, or who does not appear after multiple attempts to request a formal hearing, will be considered absent from the process. Formal hearings will be conducted in an accused student’s absence.

   After a hearing is complete, the Hearing Officer(s) will review all the materials and information gathered from the date of the incident and presented in the hearing to determine if the accused student is found responsible or not responsible. The case will be considered adjudicated after the Hearing Officer(s) submits a decision. Accused students will receive a decision letter via email from the hearing officer(s)  within 5 business days of the formal hearing, unless special circumstances make that impossible.

   Access the visual infographic of the Bryant University  Community Standards Process Infographic.
    

6. Community Standards Hearing Board Process
   Community Standards Board Hearings occur in front of a chair and a hearing board, which includes a panel of impartial students, staff and/or faculty from the Bryant community. The Assistant Vice President of Student Life or designee may investigate to determine if the charges have merit and/or if they can be disposed of by a formal hearing process or if it is necessary to follow the hearing board process. When considering such a disposition, the nature, context, severity, and impact of the incident are considered alongside the best interest of University community.

   All charges shall be presented to the Accused Student in written form, which includes a written copy or an email. A time shall be set for a Community Standards Hearing Board, not until after the student has been notified. Maximum time limits for scheduling of Hearings may be extended at the discretion of the Assistant Vice President of Student Life or their designee. 

   a. Pre-Hearing Meeting – An accused student also has the right to attend a pre-hearing meeting with the Director of Community Standards or their designee. This meeting will outline Community Standards Board Hearing Procedures, explain student rights, and clarify any questions before the hearing. During the meeting, the accused student will be asked whether they wish to waive the hearing by voluntarily and knowingly accepting responsibility. If the student accepts responsibility, sanctions will be imposed. If the student accepts responsibility for the violations(s)/associated charge(s) but does not accept the recommended sanction(s), a sanctions-only hearing will proceed in front of a chair and a hearing board. To schedule a pre-hearing meeting, please contact the Office of Community Standards at 401-232-6140. 

   The Complainant and the Accused Student have the right to request review of a redacted copy of the incident report and/or Public Safety Report. Requests to review an incident report should be made through the Office of Community Standards. Requests to review Public Safety Reports should made through the Department of Public Safety.

   b. Hearing Advisor – An accused student(s) has the right to be assisted by an advisor of their choice, at their own expense. The advisor may be present at the hearing. However, students are responsible for presenting their own information, and therefore, advisors are not permitted to speak or to directly participate in the hearing. Students should select an advisor whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. If you need assistance obtaining an advisor, please contact the Office of Community Standards at 401-232-6140

   c. Hearing Board Guidelines

   i. The Chair of the Hearing Board will begin with Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Community Standards proceedings. 

   ii. Community Standards Board Hearings shall be conducted in private and shall not be recorded. The Hearing may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Assistant Vice President of Student Life or designee to be appropriate. If an Accused Student, with notice, does not appear at the Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.

   iii. The Complainant, and the Accused Student, Chair/Hearing Officer may arrange for witnesses to present pertinent information at the hearing. A Bryant University representative (e.g., Department of Public Safety), or the investigator, may appear at the hearing to present the allegations and answer questions. The University will use reasonable efforts to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two (2) business days prior to the hearing. It is the responsibility of the Complainant and Accused Student to arrange for the witness to attend the hearing or have the witness submit a written statement. All written statements must be submitted directly from the witness, through the witness Bryant email account, to the Director of Community Standards, or their designee, no less than one business day (and not less than 24 hours) before the hearing date/time. Failure of a witness to participate in the hearing does not invalidate the hearing or outcome. If a witness chooses not to attend the hearing, the hearing board/hearing officer will consider all information available at the time of the hearing. Witnesses present at the hearing will provide information to and answer questions from the Hearing Board/Hearing Officer(s). Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Hearing Chair/Hearing Officer with such questions directed to the Hearing Chair, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid the creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Hearing Chair/Hearing Officer.

   iv. The Complainant, Accused Student, their advisors, if any, shall be allowed to attend the entire portion of the Hearing at which information is received (excluding deliberations). Admission of any other person to the Hearing shall be at the discretion of the Assistant Vice President of Student Life or designee.

   v. All procedural questions are subject to the final decision of the Hearing Chair/Hearing Officer.

   vi. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by the chairperson, hearing board, or the hearing officer. The Complainant and Accused student are responsible for preparing such documents for presentation during the hearing.

   vii. After the conclusion of the hearing procedures in which all pertinent information has been received and closing statements are made, the Chair and Hearing Board shall meet in private to determine the level of responsibility and recommended sanctions for a decision of “responsible”.

   The Chair and Hearing Board’s determination shall be made based on the preponderance of the evidence standard, or whether it is more likely than not that the Accused Student violated the Student Code of Conduct.

   d. Order of the Board Hearing

1. Reading of the complaint, accused student response to charges
2. Opening statement of the Accused Student
3. Presentation of the complainant’s case, including presentation of witnesses
4. Questions of the complainant by the hearing or hearing officer
5. Questions of the complainant by the accused student when present, presented through the Chair
6. Presentation of the accused student’s case, including presentation of witnesses
7. Questions of the accused by the judicial board or officer
8. Questions of the accused by the complainant when present, presented through the Chair
9. Closing statement by complainant
10. Closing statement by accused student

11. Adjournment

    Decisions will be communicated to both the Accused Student and the Complainant where appropriate, within five (5) business days

e. Order of the Sanctions-only Board Hearing

1. Reading of the complaint, student prior acceptance of charges
2. Review of prior conduct history, if any, and recommended sanctions
3. Student response to recommended sanctions
4. Questions of the accused by the hearing panel or hearing office
5. Review of impact statements, if applicable

6. Adjournment

   Decisions will be communicated to both the Accused Student and the Complainant where appropriate, within five (5) business day

    

C. APPEALS

If an accused student is found “responsible” for alleged violation and/or received sanctions assigned by a hearing board or hearing officer(s), the decision and/or assigned sanction may be appealed by the Accused Student(s) to the Vice President for Student Affairs/Dean of Students or designee within five (5) business days of the decision.

An appeal may be submitted on the following grounds:

1. Procedural Error - To determine whether the Community Standards Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
    
2. New Information - To consider new information, sufficient to alter a decision of responsibility or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Hearing.
    
3. Excessive or Inappropriate Sanction - To determine whether the sanction(s) imposed following a Hearing were appropriate for the violation of the Student Code that the student was found to have committed.

Except as required to explain the basis of new information, an appeal shall be limited to a review of a Formal Hearing or  Community Standards Hearing Board and supporting documents.

If an appeal is granted by the Appellate Body, the Appellate Body has the right to make the following decisions based on review of the appeal:

1. Accept and enforce the original sanction given to the accused student;
2. Modify the original sanction (i.e., make the original sanctions more stringent; lower or lessen the original sanctions);
3. Modify the original decision
4. Order a new hearing for the accused

The appeals officer shall notify the student in writing of his or her final decision within ten (10) business days, unless special circumstances make that impossible.

Such appeals shall be requested in writing using the Community Standards Appeal Form and will be delivered to the Vice President for Student Affairs/Dean of Students or their designee.

D. SANCTIONS

A student or student organization found responsible for violating the Student Code of Conduct  shall be assigned an appropriate sanction(s) by the Office of Community Standards or their designee. Sanctions are purposed to provide educational and reflective opportunities, prevent future violations, and influence thoughtful future decision making. Where appropriate, sanctions are purposed to remedy, restore, and heal any harm done to the community.

Each student or student organization is required to comply with assigned sanctions within the time allotted for the sanction’s completion. Failure to complete assigned sanctions by the assigned deadline shall result in additional disciplinary actions, including but not limited to fines, a hold on a student’s account, or additional charges for Failure to Comply.  If a student withdraws before the completion of assigned sanctions, the student must complete all assigned sanctions before they will be able to reenroll. The student may contact the Office of Community Standards  or their designee to determine a new plan for completion.

The following list is a limited list of sanctions that may be assigned to an accused student on a pathway to resolution. One or more sanctions shall be assigned to an accused student or student organization.

1. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
2. Educational Sanctions- Work assignments, online modules, reflections, essays, service to the University, or other related discretionary assignments.
3. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
4. Loss of Privileges - Denial of specified privileges for a designated period of time.
5. Fines - Previously established and published fines may be imposed.
6. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
7. Residence Hall Suspension - Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Students suspended from residence halls shall receive no refund of room or board.
8. Residence Hall Eviction - Permanent separation of the student from the residence halls. Students evicted from residence halls shall receive no refund of room or board.
9. University Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Suspended students are required to schedule a review meeting with the Office of the Vice President for Student Affairs to be considered for readmission to the University. Students suspended from the university shall receive no refund of tuition, room, board, or other fees.
10. University Expulsion - Permanent separation of the student from the University. Students expelled from the university shall receive no refund of tuition, room, board, or other fees.
11. Revocation of Admission and/or Degree - Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
12. Withholding Degree - The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

E. AMNESTY POLICIES

1. Alcohol and/or Drug Use Amnesty for Reporters of Incidents of Violence
   The health and safety of every student at Bryant University is of utmost importance. Bryant University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of violence occurs, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Bryant University strongly encourages students to report incidents of violence to institution officials. A bystander acting in good faith, or a reporting individual acting in good faith, who discloses any incident of violence to Bryant University’s officials or law enforcement will not be subject to Bryant University’s code of conduct action for violations of alcohol- and/or drug use policies occurring at or near the time of the commission of the incident of violence. The reporting student may be required to meet with an administrator for an educational conversation. 
    
2. Alcohol and/or Drug Use Amnesty for Reporters of Medical Emergencies
   The physical health and safety of every student at Bryant University is of utmost importance. Students are expected and highly encouraged to alert emergency responders (DPS) or university officials (e.g., Resident Assistants, Community Directors) for themselves or others in situations where medical attention is needed due to intoxication or drug ingestion. Bryant University recognizes that students who have been drinking and/or using drugs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Bryant University encourages reporting behavior and will treat the situation as a medical issue, instead of a conduct issue. The student who requests and receives medical attention for themselves will be required to meet with the Director of Community Standards or designee and engage in educational and/or counseling programs. The student is still responsible for any fees related to their medical care and education. A bystander acting in good faith, or a reporting individual acting in good faith, who discloses any medical emergency to Bryant University’s officials or law enforcement will not be subject to Bryant University’s code of conduct action for violations of alcohol- and/or drug use policies occurring at or near the time of the commission of the medical emergency. A bystander is strongly encouraged to remain with the student experiencing the medical emergency until DPS or other emergency responders arrive. Regardless of the medical emergency, students may be held accountable for other policy violations that occurred adjacent to the medical response (e.g., property damage, disorderly behavior, violence towards responders).

F. RESPONSIBILITIES OF STUDENTS

1. It is the responsibility of the accused student or student organization to review the University’s Student Handbook which includes the Student Code of Conduct and Conduct Process and procedures.
    
2. It is the responsibility of the accused student or student organization to review their Bryant email daily, read and respond to all email and phone correspondence regarding the Community Standards Process until the resolution is complete.
    
3. It is the responsibility of the accused student or student organization to promptly resolve any scheduling conflicts that will hinder the forward progress of the Community Standards process. Accused students or student organizations must request a postponement of a hearing or conduct related meetings in a timely manner upon receiving a scheduling correspondence by the University officials including Office of Community Standards Hearing Officers, Public Safety Officers, Bias Incident Committee Investigators, and Title IX Coordinators and Investigators.
    
4. It is the responsibility of accused students and student organizations to be prepared with all appropriate details and information appropriate for their full participation in informal/alternative resolution meetings and hearing processes.
    
5. It is the responsibility of all involved in the Community Standards Process to respect the confidentiality of all parties involved and preserve the right of privacy.
    
6. It is the responsibility of the accused student or student organization to adhere to all timelines requested by the hearing officer including but not limited to meeting times, appeal deadlines, and sanctioning deadlines.

Enforced Medical Withdrawal, Parental Notification and Disciplinary Records

ENFORCED MEDICAL WITHDRAWAL

The University reserves the right to suspend a student temporarily from the institution for a psychological or medical condition when there is reason to believe they are a risk to themselves or others and/ or may disrupt the community. Such action by the Vice President for Student Affairs/Dean of Students or their designee, will be done with appropriate professional consultation, and normally after consultation with the student involved. These policies and procedures supersede all previous statements and policies with respect to student rights, responsibilities and disciplinary procedures including, but not limited to, the policy statement contained within the undergraduate course catalog.
 

PARENTAL NOTIFICATION

Parents or legal guardians of dependent students (as defined under Section 99.31 (a)(8) of the Family Educational Rights and Privacy Act of 1974) may be notified of community standards action taken against a student. Parents or legal guardians may be notified of violations of any drug and/or alcohol policy violations. This notification would not be made in cases where a student can demonstrate financial independence.

RECORDS

Disciplinary records are maintained by the Assistant Vice President of Student Life or the Vice President for Student Affairs/ Dean of Students. These records are normally maintained for a period of five years from the time of the hearing. While disciplinary records, files, and decisions are confidential, information may be shared with other University departments on a need-to-know basis, as determined by the Vice President of Student Affairs/Dean of Students or their designee.

FERPA: Family Educational Rights and Privacy Act

The on campus contact for FERPA is the Registrar: 401-232-6080  

The Family Educational Rights and Privacy Act of 1974 is a Federal law that states (a) that a written institutional policy must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student education records. Bryant University accords all the rights under the law to its students. No one outside the institution shall have access to nor will the institution disclose any information from the student’s education records without the written consent of students except to personnel within the institution, to officials of other institutions in which students seek to enroll, to persons or organizations providing students financial aid, to accrediting agencies carrying out their accreditation function, to persons in compliance with a judicial order, and to persons in an emergency in order to protect the health or safety of students or other persons. These exceptions are permitted under the Act and a record of disclosure is maintained. Within the Bryant University community, only those members, individually or collectively, acting in the student’s educational interest are allowed access to student education records. These members include personnel in the Office of Academic Records, Financial Aid, Admission, Bursar, Student Affairs, Public Safety, and Graduate and Undergraduate Programs and academic personnel within the limitations of their need to know.  

At its discretion, the institution may provide Directory Information in accordance with the provisions of the Act to include student name, address, telephone number, email address, date and place of birth, major field of study, dates of attendance, honors, degrees and awards received including dates, the most recent previous educational agency or institution attended by the student, schedule of classes, and weight and height of members of athletic teams. Students may withhold Directory Information by notifying the Registrar/Academic Office in writing within two weeks after the first day of class for each fall term, as non-disclosure requests may only be honored for one academic year at a time.  

The law provides students with the right to inspect and review information contained in their educational records, and to submit explanatory statements for inclusion in their files if they feel the decision of the hearing panels to be unacceptable. The Registrar at Bryant University has been designated by the institution to coordinate the inspection and review procedures for most student education records. The Vice President for Student Affairs/Dean of Students coordinates the inspection of all disciplinary records. Students wishing to review their education records must make a written request to the Registrar’s Office at 401-232-6237. 

Records covered by the Act will be made available within forty-five days of the request. Students may have made at their request of their records with certain exceptions (e.g., a copy of the academic record for which a financial “hold” exists). Education records do not include records of instructional, administrative, and educational personnel which are the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute, records of the law enforcement unit, student health records, employment records, or alumni records. Health records, however, may be reviewed by physicians of the student’s choosing.  

Students may not inspect and review the following as outlined by the Act: financial information submitted by their parents; any records to which they have waived their rights of inspection and review; or education records containing information about more than one student in which case the institution will permit access only to that part of the record which pertains to the inquiring student. The institution is not required to permit students to inspect and review confidential letters and recommendations placed in their files prior to January 1975, provided those letters were collected under established policies of confidentiality and were used for the purpose for which they were collected.  

Students who believe that their education records contain information that is inaccurate or misleading, or is otherwise in violation of their privacy or other rights may discuss their problem informally with the Registrar. If the decisions are in agreement with the student’s request, the appropriate records will be amended. If not, students will be notified within a reasonable period of their right, under the law, to a hearing. A student’s request for a formal hearing must be made in writing to the individual designated, who within a reasonable period of time, will inform students of the date, place, and time of the hearing. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the student’s expense. The hearing panels which will adjudicate such challenges will be the individuals designated, (e.g., Vice President for  Academic Affairs and representative of the Vice President for Student Affairs/Dean of Students, etc.) Decisions of the hearing panels will be final, will be based solely on the evidence presented at the hearing, and will consist of written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned.  

The education records will be corrected or amended in accordance with the decisions of the hearing panels if the decisions are in favor of the student. If the decisions are unsatisfactory to the students, the students may place within the education records statements commenting on the information in the records, or statements setting forth any reasons for disagreeing with the decisions of the hearing panels. The statement will be placed in the education records, maintained as part of the student’s records, and released whenever the records in question are disclosed.  

Students who believe that the adjudications of their challenges were unfair, may request in writing assistance from the President of the Institution.  

Further, students who believe that their rights have been abridged may file complaints with the Family Educational Rights and Privacy Act Office (FERPA), Department of Health and Human Services, Washington, DC 20201, concerning the alleged failures of Bryant University to comply with the Act.

Academic Student Grievance Procedures

(Grievances may include, among others, sexual harassment or assault and/ or discrimination based on race, color, religion, gender, national origin, or disability.)

Any Bryant student or recognized student group may file a grievance in writing to the Vice President for Student Affairs/Dean of Students when it appears that a personal right or guaranteed privilege has been violated by an employee of the University. The Vice President/Dean will decide if the grievance has sufficient merit to pursue using formal or informal procedures.

Formal grievance procedures are heard by an ad hoc committee appointed by the Vice President for Student Affairs/Dean of Students and will mirror the procedures and protections in place for the University Disciplinary Committee with any adaptation of those procedures or protections requiring approval of the Vice President/Dean and notification to all involved parties.

Appeals Procedures for Student Financial Accounts

Questions regarding a student’s financial account with the University that are not resolved after discussion with the Bursar may be appealed to the Associate Vice President for Finance/Controller. The student should submit a written memorandum of his/her complaint to the Associate Vice President for Finance/Controller within 3 business days after receiving the Bursar’s decision. The Associate Vice President for Finance/Controller will schedule a meeting with the student within 5 business days after receiving the memorandum. The Associate Vice President for Finance/Controllers' decision may be appealed to the Vice President for Business Affairs and the Vice President for Student Affairs/Dean of Students and must be requested by the student within 3 business days of the Associate Vice President for Finance/Controllers' decision. Once requested, the hearing will be scheduled within 5 business days. All decisions made by the Vice Presidents will be final and shared with the student, Bursar and Associate Vice President for Finance/Controller.

Interpretation and Revision of the Student Code

Any question of interpretation or application of the Student Code shall be referred to the Assistant Vice President for Student Life or their designee for final determination. You may contact the Assistant Vice President for Student Life at 401-232-6046.

In light of recent legal developments, Bryant has reverted back to its prior policies and procedures consistent with the 2020 Title IX Regulations. Bryant reserves the right to revise the policies and procedures as legal developments continue to evolve.