Overview

The Office of the Dean of Students for the Homewood Schools has responsibility for disciplinary matters relating to the nonacademic life of undergraduates. Included in this is educating the undergraduate community about community living standards, formulating and refining a student conduct code which specifically defines these behavioral standards, and upholding the code and behavioral related policies governing residential living and other aspects of student life. The Dean of Students resolves cases of student misconduct directly; through designated staff members in the Office of the Dean of Students, the Office of Residential Life, or other offices as appropriate; or through the Student Conduct Board.

The Hopkins Student Conduct Board

The Student Conduct Board is part of an undergraduate student conduct process first implemented in the 1992-93 academic year. It has been created by the Dean of Students to assist her in resolving cases of nonacademic misconduct. It is designed to give students a formal role in upholding the standards of community life at the university and to give students accused of violating these standards the opportunity to have their cases heard by their peers.

The Board reports to the Dean of Students and is coordinated by a member of her staff who serves as the Board's advisor. The Board is composed of 8 to 14 students and 4 to 8 faculty/staff members who hear cases on a rotating basis in groups of five. These five- person hearing panels are composed of three student members and two faculty/staff members.

Conduct Violations and the Authority of the Board

Members of the university have the responsibility to conduct themselves in a manner that upholds the law and respects the rights of others. The Student Conduct Code outlines the standards of behavior established by the university for undergraduates. All Homewood undergraduates may be subject to hearing procedures for violations of the conduct code. Complaints may be filed against students accused of violating the code by any member of the Hopkins community or by individuals outside the community. The conduct code applies to the actions of students on and off- campus, but is not intended to replace public law enforcement or to provide non-Hopkins community members with a personal redress mechanism. The Student Conduct Officer has the discretion to institute action on a complaint based on whether the interests of the university community are at stake. The Student Conduct Board addresses alleged violations of student conduct by students acting as individuals. The disciplinary structures and processes of the Interfraternity Council and the Student Activities Commission continue to address alleged violations relating to fraternities and student organizations.

Complaints

A person who wishes to file a complaint sees either the Student Conduct Officer in the Dean of Students Office or the Director of Residential Life. The Student Conduct Officer manages complaints of major policy violations regardless of where they occur and of any violation which does not occur in university housing. The Director of Residential Life manages complaints of minor violations which occur in university housing. Persons who are uncertain about whether they wish to file a complaint are encouraged to discuss options with the Conduct Officer or the Director.

After Complaints are Filed

The Student Conduct Officer or the Director of Residential Life reviews all aspects of the alleged violation and meets with the accused student and any other individuals involved in the case. The Conduct Officer or the Director then determines whether there is sufficient cause for charges to be initiated against the accused student. If charges are initiated, the Conduct Officer or the Director evaluates whether the case should be handled administratively or referred to the Student Conduct Board. In most instances, cases are referred to the Board, although cases of high sensitivity and complexity will continue to be decided by the Dean of Students. The Conduct Officer or the Director conducts a preliminary investigation. The Conduct Officer then assembles a hearing panel, sets a hearing date, notifies the complainant and the accused, and instructs them to assemble their witnesses and evidence. All information assembled in the initial investigation along with a statement of charges is given to the hearing panel. When necessary, the hearing panel is given time to meet prior to the hearing to review the charges and preliminary evidence, and to prepare for the hearing. Hearings are closed and appropriate confidentiality is upheld. In a hearing, members of the Board hear statements from the complainant and the accused; hear testimony from witnesses; and question to complainant, accused and witnesses. In a private session, the hearing panel then makes a determination of the responsibility or non- responsibility of the accused student and, when warranted, imposes a sanction. There are procedures for appeal to administrative officers of the findings and sanctions of the Board.

Sanctions

The Board may impose the full range of disciplinary sanctions, from a formal warning to expulsion from the university. Actions of the Board may include conciliatory and educational sanctions. Students may be referred to counseling services or may be required to participate in a community service project. Students may be required to pay restitution or fines. Students may be placed on disciplinary probation, removed from housing, suspended, or expelled from the university.

Procedures of Board Hearings

The specifics of the hearing procedure are outlined for the accused student and all others involved in the case by the Conduct Officer. Hearings are closed and appropriate confidentiality is preserved.

Introduction

The fundamental purpose of the university's regulation of student conduct is to promote and protect the health, safety, welfare, property and rights of all members of the university community, as well as to promote the orderly operation of the university and to safeguard its property and facilities.

Acceptance of membership in the university community carries with it an obligation on the part of each individual to respect the rights of others, to protect the university as a forum for the free expression of ideas, and to obey the law. The Undergraduate Student Conduct Code pertains to misconduct arising from offenses against persons and/or property committed on university property; to misconduct committed off university property against members of the university community; and to misconduct occurring off campus that causes significant harm to others.

The university's undergraduate student conduct system is designed to enforce the university's conduct regulations. The university reserves the right to institute disciplinary action whether or not the offense results or may result in action by a civil or criminal court.

Undergraduate Student Conduct Code

A. Acts which disrupt or interfere with the orderly operation of teaching and research.

B. Behavior which causes, or can reasonably be expected to cause, physical harm to a person.

C. Physical or verbal threats against or intimidation of any person which results in limiting her/his full access to all aspects of life at the university.

D. Conduct which constitutes sexual abuse, assault, or rape of another person (see below).

E. Activity which constitutes sexual harassment of another person (see below).

F. Refusing to comply with the directions of university officials, instructors, administrators, or staff acting in performance of their duties.

G. Refusing to appear or giving false statements when one is asked to present evidence or respond to an investigation in any case involving the Conduct Code.

H. Theft or vandalism of university property, or property of others, or knowingly possessing stolen property.

I. The unauthorized use, possession, or storage of any chemicals, weapons or explosives, including fireworks, on university property.

J. The unauthorized distribution, possession, or use of any controlled substance (such as, but not limited to, illegal drugs).

K. The possession or consumption of alcohol by individuals under the legal drinking age of Maryland (21 years of age), or the provision of alcohol to minors.

L. Intentionally or recklessly interfering with normal university activities or emergency services, or the unauthorized or improper use of university property, facilities, or the university name or seal.

M. Failure to observe policies regulating the use of university buildings, property, or other resources.

N. Violations of criminal law which occur on university premises or in connection with university functions; which affect members of the university community; or which impair the university's reputation.

Enforcement of the Student Conduct Code

Students who engage in acts of misconduct are subject to disciplinary action. Complaints and concerns about alleged acts of misconduct which occur outside of university residence halls should be referred promptly to the Office of the Dean of Students; complaints and concerns about alleged misconduct which occurs in university residence halls should be referred to the Office of Residential Life.

For misconduct other than sexual assault and sexual harassment, determination of whether the conduct warrants disciplinary action will be made by the Student Conduct Officers appointed by the Dean of Students or by the Dean's Student Conduct Board.

Students should be aware that some acts of misconduct also may constitute violations of criminal law. The university's policy is to cooperate fully with law enforcement authorities. University review of a case will be conducted independent of action in criminal or civil courts.

Structure and Procedures of the Student Conduct Board

The Student Conduct Board shall consist of eight to fourteen students and four to eight members of the faculty and administration. The Student Conduct Officer from the Dean's Office shall serve as the nonvoting advisor to the Board.

The Student Conduct Board is responsible for hearing all cases referred to it; making judgments of innocence or guilt; and imposing sanctions if necessary. It may impose sanctions ranging from disciplinary warning through expulsion.

Hearing panels composed of three student members and two staff/faculty members of the Student Conduct Board will hear cases.

The hearing will be conducted by the presiding officer, who is one of the three student members of the hearing panel.

The complainant, the accused student, and witnesses will present statements and evidence at the hearing and respond to questions. The complainant and the accused may question each other.

Legal counsel may not be brought to the hearing. All hearings and deliberations will be closed to anyone not directly involved with the case. Board members may discuss the case only with other Board members.

The accused student will be given written notification of the decision of the Board. The Board also will determine what information will be released to the complainant, taking into consideration requirements of confidentiality of student education records.

Both the accused student and the complainant may appeal the decision of the Board on limited grounds.

Options in Cases of Sexual Assault or Sexual Harassment Persons who believe they have been sexually abused or assaulted by Johns Hopkins students are encouraged to contact the Office of the Dean of Students. Referrals to support services will be made and the separate disciplinary process for sexual assault complaints will be explained for those who wish to consider initiating a complaint.

Students may bring complaints about acts of sexual harassment committed by Johns Hopkins students to the Office of the Dean of students for disciplinary action. Students also may bring complaints of sexual harassment committed by faculty, staff, or students to heads of departments, the dean or director of a division, or to the university's affirmative action officer in Garland Hall.

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