A significant element of Bridgewater State College's mission is educating students "to act responsibly within a context of personal and professional ethics". The behavior of any individual may bring either benefit or detriment. The BSC Student Code of Conduct identifies the rights and responsibilities of students in order to establish behavioral standards that encourage students to act in ways respectful of the personal dignity and rights of all members of our community. Violations of the Student Code of Conduct are dealt with in a manner to preserve the rights of both the individual and the community and to foster adherence to established responsibilities. The following sections describe the BSC Student Code of Conduct and how reports of violations are addressed.

Statement of Rights
All members of the BSC community have certain rights that include:

The rights guaranteed under the U.S. Constitution

The right to organize ones personal life and behavior and to pursue individual activities except when these interfere with the rights of others or violate established college, local, state and federal laws and policies

The right to freedom from personal force, violence, threats of personal abuse and harassment either as individuals or groups within the BSC community

The right to be protected from arbitrary or unauthorized search or seizure

The right to privacy of personal information in accordance with state and federal laws

The right to dissent, to carry on individual or organized activity that expresses grievances held against, or changes desired in, society or the college or both. This activity must be within the limits of the democratic process of freedom of speech, assembly and petition. (See the Free Speech and Demonstration Policy section in the Policies and Procedures section of this handbook.)

The right to due process. No student shall face disciplinary procedures or be found responsible of charges made under this code without due process. Due process rights of an accused student include: the right to know the charges made against him/her; the right to know the origin of the charges; the right to a hearing; the right to state his/her version of the events; the right to appeal.

The right of access to the college judicial process.

The right to an education including the reasonable and legal use of those services and facilities intended for students education and development.

The right to review his/her judicial record. Students may request to inspect/review their judicial records. Requests must be in writing. The Office of Residence Life and Housing has 45 days to respond to the request.

Statement of Responsibilities
Students at BSC, as individuals and as groups, have certain responsibilities that include:

The responsibility to respect the rights of others and to adhere to all duly established college, local, state and federal laws.

The responsibility to report violations of the Student Code of Conduct.

The responsibility to refrain from actions that deny other members of the community their rights as described.

The responsibility to adhere to the instructions of college employees acting within the scope of their employment.

The responsibility to preserve the privacy of other individuals and groups, and to respect the property of individuals, groups, the neighboring community and the college itself.

The responsibility to follow all college published policies.

The responsibility to exhibit behavior that does not interfere with academics, research, administrative, judicial and other college activities.

The responsibility to adhere to all judicial procedures including provision of accurate information and the completion of sanctions.

The responsibility to exhibit appropriate behavior on- and off-campus.

Conduct Code Violations

All members of the Bridgewater community should respect the rights of others and adhere to college policies and applicable laws of the Commonwealth of Massachusetts and United States. Membership in the BSC community does not mean a privileged or immune status from the laws and regulations of the Commonwealth of Massachusetts. However, criminal charges are not necessarily sufficient cause for a college judicial hearing. Violations of college policy, or state or federal laws, on or off campus, may subject an individual to college judicial procedures and/or state and federal judicial procedures.

The following is a complete list of violations under the judicial system (please click on policies to be directed to the corresponding section of the BSC student handbook.

Zero Tolerance Behaviors
Specific behaviors that compromise the safety and security of Bridgewater State College, such as those on the following list, will not be tolerated and may lead to a student’s suspension or dismissal from BSC after a finding of responsibility. Examples include but are not limited to:

The Judicial Process
The college judicial process hears complaints concerning violations of college policy in any of the following circumstances:

If it occurs on the campus or in any campus facility

If it occurs during a college related activity (e.g., athletic contest, field trip, social event, activity sponsored by a recognized student organization)

If it calls into question the students suitability as a member of the college community

If it involves unlawful acts of violence, violation of a persons civil rights, hazing, unlawful sale or possession of drugs, unlawful use of alcoholic beverages and crimes against persons or property regardless of where the conduct occurs

If it constitutes a crime in violation of local, state or federal law. The college may submit a complaint to the judicial system even if the same conduct is, or may become, the subject of a criminal case.

Reporting Violations
Any individual who is aware of a violation of the colleges code of conduct may submit a report to the associate director in the Office of Residence Life and Housing.

Individuals should submit reports as soon as possible, but preferably within five days of the incident. Reports must be in writing and contain a complete description of the incident with names of all parties involved as participants or witnesses. The reporting party must date and sign the report. The administrator hearing the case will make the determination as to whether the presence of the reporting party at a hearing is necessary. In these cases, individuals reporting violations have a right to 72 hours notice of the time and place of a hearing so that they may prepare.

Notification
An accused student will receive fair notice of charges, including the time and place of the alleged violation and the origin of the charges. The student must respond to the notice of charges within three days to schedule a judicial conference. If it goes to a hearing, students will receive 72 hours notice to prepare or they may waive that right and request to have the hearing sooner. It is the responsibility of all students to check their on-campus email account.

Interim Suspension
The college will invoke an interim suspension if a students continued presence on campus endangers the physical safety or emotional well being of members of the college community, endangers college property or disrupts the educational process. For examples of these types of behaviors, please refer to the college's zero tolerance section. An interim suspension is a temporary suspension from the residence halls or from the college, pending a hearing. The student will receive notification in writing of the interim suspension. The notice will include the reasons for the action and notice of charges. A hearing will be held, usually within five class days.

Resolution of Charges
Students have an opportunity to resolve charges through either a judicial conference or a hearing or both if deemed appropriate. The college makes decisions as to how the case will be handled.

Judicial Conferences
Judicial Conferences are not hearings, but informal meetings where accused students come before a college official to review the reported incident and discuss conduct code violation charges. The accused student may discuss his or her interpretation of the events giving rise to the reported violation. The reporting party may be present for the same purpose. The college official shall act as a mediator between the parties.

The college official will attempt to establish agreement on facts of the incident, responsibility for violations of the code of conduct and appropriate remedies or sanctions. If all parties agree, the accused student will indicate agreement with the decision and sanction.

If an accused student fails to appear for a scheduled judicial conference, then the college official will review the case based on the available information. The college official will decide responsibility and appropriate sanctions, if any. The accused student will receive notice of the decision from the college official and may accept the decision or appear at a scheduled hearing.

Administrative Hearings
Administrative Hearings are formal proceedings where an administrator will meet with relevant parties, report findings and recommend sanctions to the associate director of Residence Life and Housing or designee. See Hearing Guidelines below for additional information.

Conduct Board Hearings
Conduct Board Hearings are formal proceedings where a board of students, faculty or administrative staff will meet with relevant parties, report findings and recommend sanctions to the associate director of Residence Life and Housing or designee. Quorum for a conduct board hearing is four.

Each conduct board has an advisor, whose role is to brief all parties before each hearing to ensure a clear understanding of the policies in question and of the hearing procedures. The board adviser shall advise the board chairperson during hearings to see that the board follows procedures correctly. He/she may offer information, ask questions, and assist the chairperson in facilitation. He/she may also offer advice or clarification regarding appropriate sanctions or questions regarding policies and procedures during deliberations in closed session. See Hearing Guidelines below for additional information.

Hearing Guidelines
The following guidelines apply to all hearings

A student charged with violating the code of conduct may bring an advisor to a hearing. During the hearing the advisor may only offer advice during recesses granted by the administrator/advisor handling the case and may clarify procedural questions before, during or after the hearing.

A student charged with violating the code of conduct may bring relevant witnesses to a hearing. Witnesses must have been present during the incident in question.

A student charged with violating the code of conduct has a right not to testify against himself/herself in a hearing

Written evidence will be considered in a hearing only if the written evidence is presented directly to a college official by the writer or is signed by the writer and notarized. All parties involved in the hearing will have an opportunity to review the written evidence, either before or during the hearing.

A victim of any violation involving alleged sexual offenses may participate in a hearing without physically appearing before the board. The victim may participate through the use of a speaker telephone. If alleged victims choose not to participate in the hearing process at all, then the college will retain the prerogative to pursue charges out of concern for the best interests of the college. In such cases, designated officials of the college will act as a reporting party for the college.

Hearings are closed to the general public unless all parties involved with the hearing, including the board administrator/advisor, agree to an open hearing. The administrator handling the case may limit the number of spectators and may close an open hearing to maintain order.

There will be a written record kept of the proceedings. Student judicial records are confidential and are available only to persons who have permission from the student or who have a need to know.

Students may request that a hearing be audio taped. This request must be made 48 hours in advance of the hearing. The residence life and housing office will keep the tape(s) as part of the students disciplinary record and provide a copy, at cost, to the student.

If an accused student fails to appear for a scheduled hearing, the case will be heard based on the available information. The college will not drop charges of misconduct because an accused student leaves the college for any reason (e.g., voluntary withdrawal, academic suspension, etc.).

Under the student conduct code, an accused student can be found not responsible or responsible. Not responsible is a decision that the accused student is not responsible for a violation of policy and charges are dismissed.

Decisions about responsibility and recommended sanction(s), if appropriate, are determined during a closed session. Decisions regarding responsibility are made on a preponderance of evidence, deciding whether it is more probable than not that a violation occurred. Neither party needs to provide evidence beyond a reasonable doubt in a hearing. The decision is forwarded as a recommendation to the associate director of Residence Life and Housing or designee. The associate director or designee will either concur with the recommendation or make appropriate modifications and forward the results to the accused student(s).

The college may inform reporting parties of the responsible or not responsible decision. Information about assigned sanctions will be available to individuals on a need-to-know basis.

Hearings are conducted according to the following procedures:

Sanctioning
Sanctions are conditions placed upon a student when a decision has been made that the student is responsible for a violation of policy as charged. The following guidelines will be used when determining sanctions:
The protection of the BSC community from inappropriate behavior, including negative impact on individuals, groups or organizations that are part of the college.

The attitude of the student, including the students understanding of the impact of their behavior, potential for changing that behavior in the future and its effect on the community.

The behavioral history of the student, including all documented confrontations with college officials and conduct records. This information will be viewed only to assist in determining sanction(s) once a decision of responsibility has been reached.

Any mitigating circumstance that may have affected the case, including documented medical or emotional issues, death of friends or family members, or illness.

Sanctions include:
Disciplinary warning: An official written reprimand that includes a warning that further violations of the code will result in more severe sanctions.

Disciplinary probation: A temporary status for a specific period of time not to exceed one year during which further violations of the Student Conduct Code may result in suspension or expulsion.

Loss of privileges: Denial of specified privileges for a designated period of time.

Educational activities: Work assignments, educational service or other related assignments.

Restitution: Compensation for loss, damage, or injury.

Parental notification

Temporary suspension from residence halls: A temporary status in which students may no longer enter into or remain within 50 feet of any residence hall facility or adjacent grounds, including the Great Hill Student Apartments, for a period of one or two semesters or balance thereof. Persons violating this sanction are subject to arrest for trespassing.

Permanent suspension from residence halls: A permanent status in which students may no longer enter into or remain within 50 feet of any residence hall facility or adjacent grounds, including the Great Hill Student Apartments. Persons violating this sanction are subject to arrest for trespassing.

College Suspension: Removal from the college for a period of one or two semesters or balance thereof. The college restricts students from course registration, class attendance, participation in co-curricular activities and college housing during this time.

College Expulsion: Permanent removal from the college. Expulsion becomes part of the students permanent record at the college.

Appeals

Students may appeal the decision of a hearing for the following reasons:

Violation of due process

Inappropriate sanction(s)

New evidence that was not reasonably available at the time of the hearing

Procedural error that adversely affected the outcome of the hearing

Students may file an appeal in writing to the Assistant Vice President for Student Affairs or designee. In cases involving expulsion from the college, the student appeals directly to the vice president for student affairs. Appeal letters must also include an appeal form which can be picked up in the Office of Residence Life and Housing. The appeal letter must be typed and must state the reason(s) for an appeal and provide an answer to one or more of the following questions:

What was the due process violation?

Why was the sanction inappropriate?

What is the new evidence and why was it not available at the time of the hearing?

What was the procedural error and how did it adversely affect the outcome of the hearing?

The conditions placed upon students will not go into effect until there is a final appeal decision. Interim suspensions will remain in effect during the appeal process.

An appellate board or administrator reviews appeals of hearing decisions. Quorum for an appellate board is three. The appellate board or administrator may request to meet with the accused student, conduct board chairperson or appropriate parties if they need further clarification of the claims for appeal. The appellate board reports findings and recommends changes in decisions or sanctions to the associate dean of students, or the vice president of student affairs. The assistant vice president for students affairs or the vice president of student affairs will either concur with the recommendation or make appropriate modifications and forward the results to the accused student(s). If the appeal is granted, they may recommend either a new hearing, assign new sanctions or dismiss the charges. If the appeal is denied, the college will consider the case closed.

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