Part 4. Student Code of Conduct Procedures

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Part 4. Student Code of Conduct Procedures

The following are the procedures followed to adjudicate all violations of The Student Code of Conduct. 

Hearing officers may involve or seek input from other university officials in any or all parts of The Student Code of Conduct procedures as they deem appropriate.

Section 1: Allegations

Any person or entity, including the University, may file a report regarding any student or Student Organization alleging misconduct. To initiate The Student Code of Conduct process, reports shall be prepared in writing and directed to the Director for Student Conduct & Restorative Practices. A report should be submitted as soon as possible after the alleged misconduct takes place.

The Director for Student Conduct & Restorative Practices, or designee, shall determine if there is reasonable cause to address a potential violation of The Student Code of Conduct and will notify the respondent of such allegations. The decision to continue a complaint through the process is the decision of the Director for Student Conduct & Restorative Practices, or designee.

The Director for Student Conduct & Restorative Practices will assign a Hearing Officer to the case who will investigate and schedule an Administrative Hearing with the respondent(s) and other individuals as deemed necessary and appropriate.

Information, in addition to that provided in the complaint/incident report, may be sought through a preliminary investigation. The investigation may include, but is not limited to: 

  • Interviewing the complaint(s), respondent, and witness(es),
  • Gathering relevant documents and/or other information from the University, party(ies), and witness(es)

The Director for Student Conduct & Restorative Practices, or designee, will determine what testimony, witnesses, or other information is relevant and may exclude information or witnesses that are deemed irrelevant.

Complaints can be filed up to one academic year after the violation is discovered. Complaints against former students will not be processed. Complaints against seniors, 5th year students, and/or master's degree students must be filed prior to their graduation to allow sufficient time for an investigation, hearing, and appeal to occur.

The Director for Student Conduct & Restorative Practices, or designee, may determine whether conduct proceedings will be conducted separately or jointly in the following instances: 

  • If an incident report involves more than one charged student. 
  • If there is more than one incident involving the same student.

Student Conduct proceedings may be initiated without regard to pending civil or criminal litigation or criminal arrest and prosecution resulting from the same or related conduct. Proceedings under The Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Determinations made or sanctions imposed under The Student Code of Conduct shall not be subject to change because criminal or civil charges, resulting from the same facts as violations of university rules, were dismissed, reduced, or resolved in favor of or against the defendant in the criminal or civil matter.

Section 2: Alternative Resolution Types

An alternative resolution is an educational conversation, written communication, or mediation process to address the behavior of students and its impact on the mission of the University. The Director for Student Conduct & Restorative Practices, or designee, reserves the right to schedule an alternative resolution in lieu of an Administrative Hearing. Alternative Resolutions are part of a student’s official conduct file.

Alternative resolutions may result in an action plan or sanction(s) agreed on by all parties to address the behavior. If the action plan is not honored, the University reserves the right to initiate the Administrative Hearing process under The Student Code of Conduct. Examples of incidents that may be adjudicated by the informal resolution process include but are not limited to minor disruptions or behavioral concerns. 

Subsection 1 – Amnesty 

Students may be reluctant to seek help from university officials in alcohol, prescription drug, and illegal substance related emergencies due to their own involvement. Wentworth promotes a culture of care and responsibility through the Amnesty process by encouraging students to seek assistance during emergency situations. 

To utilize the Amnesty process in cases of a medical or mental health emergency due to alcohol, prescription drugs, or prohibited substances, students are expected to:

  • Call Campus Police at (617) 989-4444 or 911 or contact another university official, including staff members from Housing & Residential Education.
  • Stay with the individual(s) until help has arrived.
  • Meet and cooperate with appropriate University administrative staff after the incident.
  • Attend and comply with any educational sanction(s). 

Students who seek out emergency assistance or call for help on behalf of another student or guest may not receive conduct charges related to the behavior. This process also applies to the individual for whom emergency assistance was requested.  Conduct charges may be applied for behavior not related to the granting of amnesty. The determination of Amnesty is at the discretion of the Director for Student Conduct & Restorative Practices or designee.

The Amnesty process will not apply for calls for medical assistance made after the University or local authorities have already intervened and/or confronted a situation. Students who abuse the protections of the Amnesty process by seeking help for others when there is no good-faith basis for doing so, will be unable to utilize the process. 

Subsection 2 – Restorative Justice

A Restorative Justice Resolution brings together those who were impacted by an alleged violation of the Student Code of Conduct, including those who were responsible for the alleged violation and community members that were harmed and/or impacted by the violation. Through a facilitated dialogue, participants discuss what happened and determine the best ways to repair harm and improve relationships. 

The Director for Student Conduct & Restorative Practices, or designee, has discretion to refer a report or complaint for a Restorative Justice Resolution. All parties, specifically the Complainant(s), Respondent(s), and the University must agree on the resolution option and will be bound by the decision with no review/appeal. 

The following must take place for the incident to be processed through Restorative Justice: 

  1. The Respondent must accept responsibility for the alleged conduct to initiate the Restorative Justice Resolution.
  2. The Respondent must not have previous relevant violations of the Student Code of Conduct for which they have been found in violation.
  3. The Respondent and Complainant must both agree to participate in the Restorative Justice Resolution.
  4. The Hearing Officer must identify the case as an opportunity for the Restorative Justice Resolution process.

If the Complainant or Respondent does not want to participate in the Restorative Justice Resolution process, they may request a formal Administrative Hearing Process as outlined in Part 4: Section 2. 

The hearing officer reserves the right to stop the Restorative Justice process and initiate the formal Administrative Hearing Process prior to the Respondent’s fulfillment of the agreement. 

 The following may result in the initiation of the formal administrative hearing process:

  • The Respondent failing to schedule or attend a meeting with the assigned Hearing Officer. 
  • The Respondent denies responsibility for the alleged conduct. 
  • The Respondent does not want to participate in the Restorative Justice Resolution Process. 
  • The Complainant does not want to participate in the Restorative Justice Resolution Process.
  • The Hearing Officer determines the matter is more appropriately resolved under the Administrative Hearing process.

Subsection 3 – Resolution Letters

Resolution Letters are utilized in situations when a student is documented for first-time low-level violation such as, but not limited to, minor off-campus incidents and violations of the Housing Agreement This applies only to the student’s first violation. This can be applied at the discretion of Director for Student Conduct & Restorative Practices, or designee, generally in one of the following situations:

  • Health and Safety Check 
  • Failure to evacuate 
  • Noise
  • Door propping
  • Window decorations
  • Disruptive Classroom Behavior

Resolution Letters notify the Responding party that they have been documented for a violation and include the imposed sanctions. If a Responding party appeals the finding documented in the letter, they can request an Administrative Hearing be held to review the incident. All appeals must be filed within three business days from the date of notification. Failure to respond within this time frame will result in the decision being 

Section 3: Administrative Hearing

An Administrative Hearing is a meeting between a Respondent and Hearing Officer to review an incident, explain the student conduct process, and review possible resolution options. The Hearing Officer will provide written notification to the Respondent of the alleged violations and the Administrative Hearing date, time, and location. 

The Hearing Officer will provide the parties with an opportunity to review information related to the incident.  

The Hearing Officer will meet with the Respondent(s) and provide them with an opportunity to respond to the information and present any information they wish. No recordings of the proceeding can be made by the student, support persons, or the Hearing Officer. 

The Hearing Officer may ask the Respondent(s) questions during the meeting(s), seek additional information, or make requests of the Respondent(s). The Hearing Officer will meet with the parties and provide them with an opportunity to respond to the alleged violations and present any information or witnesses they wish. The rules of evidence applicable to civil and criminal cases do not apply, and no recordings of the proceeding can be made by the student, support persons, or the Hearing Officer.

The Hearing Officer may ask the parties questions during the hearing(s), seek additional information, make requests of parties, or interview any person the Hearing Officer deems necessary to gather information regarding the incident.

Based on the preponderance of the evidence, the Hearing Officer will decide whether a violation of The Student Code of Conduct has occurred. The Hearing Officer has the full prior conduct record of the Respondent available to them to inform sanctioning decisions.

The Hearing Officer will notify the parties of their findings and sanction(s), if any, in writing within three business days of the conclusion of the hearing process. If a party does not meet with the Hearing Officer or comply with their requests, the Hearing Officer will make a finding and sanction decision based upon the information readily available. In this case, the party will lose any right to appeal. 

In cases where information is received before or during the Hearing that indicates an additional violation of The Student Code of Conduct may have occurred, the Hearing Officer will determine if it will be discussed or addressed during the current meeting or in a separate hearing.

Administrative Hearing procedures are outlined below:

  • A written notification is sent to the Respondent(s) listing the alleged violation(s) and date of the Administrative Hearing.
  • An individual meeting is held between the Respondent(s) and a Hearing Officer to provide and review evidence, testimony, and any other relevant information that may be pertinent to the allegations.
  • Following the Administrative Hearing, the Hearing Officer is responsible for providing a summary of the meeting to the Respondent, including a brief statement of the facts, findings from the Administrative Hearing(s) (in violation or not in violation) and any sanction(s) that have been issued.
  • If a Respondent is found in violation, past violations of the Student Code of Conduct and any associated sanction(s) may be considered in determining the level of sanction(s) for the current violation.
  • The outcome of the Administrative Hearing will be made part of the student’s conduct record.

Section 4: Sanctions

If the student is found in violation of The Student Code of Conduct, appropriate sanctions will be imposed. 

Sanctions are determined by:

  1. The nature of the misconduct
  2. Precedent regarding such misconduct

  3. The respondent’s complete student conduct record

  4. Mitigating and aggravating factors, including, but not limited to, the impact on the community, personal circumstances, and intention.

Non-compliance with assigned sanctions will result in a hold being placed on the student’s account. This may impact their ability to register for classes. The student may also face additional charges through The Student Code of Conduct.

The following sanctions may be imposed, individually or in combination, on any student found in violation of The Student Code of Conduct. Please note that this is not an exhaustive list of sanctions:

University Expulsion: University Expulsion is a permanent separation from Wentworth Institute of Technology. Students are prevented and prohibited from completing any academic progress towards a Wentworth degree including registering for coursework, attending classes or being present in or on Wentworth property. Students are administratively withdrawn from their courses and may not receive grades for the semester this sanction is implemented. Students sanctioned with University Expulsion may not receive refunds for tuition, room and board, or any other university costs or expenses. Students must return any Wentworth issued property immediately to avoid charges (laptop, residential keys, library items, etc.). A person’s presence on Wentworth property after expulsion will be viewed as trespassing and they may be subject to arrest. 

University Suspension: University Suspension is a separation from the University for a designated period. Students who are suspended from the University are restricted from all University premises and activities, including, but not limited to, course registration, class attendance, participation in co-curricular activities, and University housing. Students returning from University Suspension must contact the Director for Student Conduct & Restorative Practices, or designee, at least two weeks prior to the semester of their return and complete any additional sanctions assigned to them. Students sanctioned with University Suspension may not receive refunds for tuition, room and board, or any other university costs or expenses. A person’s presence on Wentworth property during University Suspension will be viewed as failure to comply with an imposed sanction and will result in further disciplinary action.

University Probation: University Probation is a six-month period during which the student is given the opportunity to modify their behavior, complete specific assignments, meet with designated persons, and demonstrate a positive contribution to the university community in an effort regain privileges. After six months of University Probation the student may apply for a review of probationary status. The student will meet with the University Probation Review Committee and must demonstrate significant contributions in academics, conduct, and engagement. Students or organizations on University Probation are not considered to be in good conduct standing with the University, this may impact their ability to participate in intercollegiate athletics, study abroad opportunities, extracurricular activities, represent the University, or hold student leadership positions. Additionally, any violation of university policy during the probation period will be viewed as a violation of probation and will result in further disciplinary action.

Conduct Warning: A written notice that the student has violated University policy or The Student Code of Conduct and a warning that another violation will likely result in more severe sanctions, including University Warning, University Probation, Residence Hall Suspension, Residence Hall Expulsion, University Suspension, or University Expulsion.

University Warning: A written notice that the student has continued to violate University policy or The Student Code of Conduct, and as such, more severe sanctions will be imposed. Further violations may result in University Probation, Residence Hall Suspension, Residence Hall Expulsion, University Suspension, or University Expulsion. 

Residence Hall Expulsion: Permanent removal of the student from the residence halls. Students sanctioned with Residence Hall Expulsion may not receive refunds for room and board.

Residence Hall Suspension: Temporary removal of the student from the residence halls for a specific period, after which the student may reapply for housing. Reapplication for housing does not guarantee immediate placement. Conditions for returning to the residence halls may be specified. Students sanctioned with Residence Hall Suspension may not receive refunds for room and board.

Housing Probation: A period of either one academic semester or six (6) months during which students will be subject to removal from the residence halls if there is additional documentation. 

Housing Relocation: Required reassignment to another residence area. Students are required to complete their move and return any keys within a specified period of time.

Loss of Privileges: Denial of specified privileges for a designated period of time. This includes but is not limited to loss of responsible user status in the residence halls, access to recreational spaces, or attendance at university sponsored activities.

No Contact Order: A mutual order in which two or more students are restricted from contacting each other until otherwise notified. Contact refers to any intentional words or actions including, but not limited to, verbal abuse or personal harassment, use or threats of physical violence, telephone calls, text messages, instant messages, written communication, emails, Snapchat, TikTok, Instagram, or other social media, and destruction or vandalism of the person’s property.

Restitution: Compensation for loss, damage, theft, or injury. This may take the form of appropriate service or monetary or material replacement.

Assessment: A student may be referred to an appropriate office or local agency for consultation or assessment. These may include Alcohol and Other Drug (AOD) Assessments.

Educational Sanctions: Participation in health or safety programs. This may include restorative justice workshops, service to the University or to the larger community, seminars, and other assignments as warranted.

Alcohol and Drug Education: These education options could include online questionnaires, an in-person ADAPT course, mandated assessment, or individual drug education courses. 

Parental/Guardian Notification: As recommended by the Massachusetts Board of Higher Education and permitted by the Family Educational Rights and Privacy Act (FERPA), the University may notify parents/guardians when students under the age of 21 are found responsible for violating the university’s alcohol or drug policies.

The University reserves the right to notify parents/guardians when a student’s enrollment or housing at the University is subject to change due to change in university status. This includes University Probation, Suspension, and/or Expulsion, and Housing Probation, Suspension and/or Expulsion. 

Section 5: Appeals

A student who participated in the conduct process and was found in violation of The Student Code of Conduct may file a written appeal within three business days of delivery of the administrative hearing decision letter. Written appeals not filed on time will be dismissed. An individual is allowed only one appeal per administrative process.

All appeals shall be submitted through the Appeal Submission Form. The appeal form must state the reason(s) for the appeal and provide information as to the basis of the appeal. 

Bases for appeal include:

  • New and relevant information not reasonably available at the time of the hearing, which may affect the outcome.
  • The hearing did not substantially follow Administrative Hearing Processes, which affected the outcome.
  • A review of the imposed sanction(s), citing that it is disproportionate or irrelevant to the violation(s) committed.
  • The Hearing Officer had a demonstrated conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.  

The Appeal Officer may speak to the Hearing Officer and the appealing party to review all information taken during the hearing and seek additional information.

The Appeal Officer may uphold or alter the original decision. Alterations to the original decision        may include a change in the findings on violations and/or change (reduction, increase, or dismissal) of imposed sanction(s).

The decision made in the appeal process is final.  

Section 6: Hearing Support Services

A Support Person is any person the student selects to attend a meeting associated with The Student Code of Conduct. A support person is present to provide support only and cannot actively participate in any portion of the hearing. Any student participating in a meeting associated with The Student Code of Conduct may have a support person present. If the support person or student fails to comply with the limitations below, the hearing officer may dismiss the support person, or reschedule the hearing.

The following are limitations:

  • A support person may not have any additional role, such as a witness, in the Administrative Hearing Process. The support person may not directly address the hearing officer and may only speak with the student participating in the process.
  • Each student is only allowed one support person during the Administrative Hearing unless otherwise approved.
  • Only reasonable requests to change proposed meetings to accommodate a support person’s schedule will be considered. 
  • A party may ask any person, including another member of the Wentworth community, to serve as a support person. No member of the University community is required to accept a request to serve as a support person. 

Requests to have more than one support person will be considered on a case-by-case basis, and the final decision is the sole discretion of the Director for Student Conduct & Restorative Practices, or designee. 

Notification to Hearing Officer of Hearing Support Person: The Hearing Officer must be notified in writing a minimum of one full business day prior to the hearing date who will be serving as the support person. 

Section 7: Disability Accommodations 

Students with disabilities may request accommodation through Student Accessibility Services. It is the individual’s responsibility, and not that of the university official, to request accommodation. Administrative Hearings may be rescheduled if additional time is needed to provide accommodation per the student’s request.

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