Section 17. Identifying Concerning Behavior and Initial Procedures
Student Conduct Processes: The Student Conduct Process and the OEO Formal Complaint Process
Applicability: Formal and informal adjudication in support of a student (student, as defined in this document) may be implemented through the report of an alleged policy violation or concerning behavior to the Department of Student Rights and Community Standards (DSRCS). Reported behaviors will be vetted to determine whether the Student Conduct Process (SCP), the OEO Formal Complaint Process, or the Dean of Students (DOS) Office will be the appropriate mechanism or venue for response.
Behavioral Intervention — The Care Team: Brandeis convenes a team of professionals to receive reports of concerning behavior and to make deliberate decisions about appropriate, individualized courses of action for supporting students of concern. The team may make referrals to a variety of resources. Some common interventions may be:
- Outreach to the student, in-person meeting, and referral to existing on-campus resources
- Wellness check coordinated by Community Living and the Dean of Students Office, and at times Public Safety
- Connection to community resources such as the BCC, Academic Services, ISSO, Financial Aid, and other campus partners
- Other recommendations can be made as appropriate – consistent with University policies and procedures, balancing the need of the student with those of the greater campus community
- A Care Team Case Manager oversees the day-to-day functioning of the University Care Team. For more information see brandeis.edu/care.
Reporting: When infractions of University standards and policies are alleged, reports regarding that conduct should be submitted to the DSRCS by the reporter in a timely manner through a Community Standards Report (CSR). A CSR must be submitted in order for an initiating party to be able to initiate a formal adjudication process through the Student Conduct Process (SCP). Any person may submit a CSR, and all CSRs will be reviewed and acted upon appropriately. However, only Brandeis community members (Brandeis students, staff, and faculty) may serve as an initiating party in a SCP. The CSR may be shared with the responding party(s). The CSR is a web-based form.
Brandeis has the option to independently initiate a Student Conduct Process, called an Administrative Complaint. Brandeis may do so in its sole discretion, in an effort to uphold University policies. For example, an Administrative Complaint may be initiated in situations where the person(s) who experienced the alleged conduct is unable or uninterested in initiating the process, or when the conduct (whether on or off campus) is discovered by the University (rather than through a report). This option may be initiated when sufficient information is available regarding the incident to provide the responding party with adequate notice of the complaint.
When the alleged violations involve discrimination, harassment or sexual violence, that conduct may be reported directly to the Office of Equal Opportunity with or without a CSR. Brandeis community members (Brandeis students, staff, and faculty), former community members and in some cases non-affiliated parties may serve as an initiating party in an OEO Formal Complaint Process. Please see OEO’s Formal Complaint Process, Policy Against Discrimination, Harassment and Sexual Violence for additional information regarding jurisdiction.
Note: Any records or other evidence retained by the University may be subject to production by court order.
Amnesty Policy: Brandeis University is committed to the health and wellness of our students. The Amnesty Policy encourages students to seek assistance and/or to report issues/behaviors that may impact the health, safety, or wellbeing of community members.
While the University does not condone any type of policy violation, when incidents that may impact the health, safety, or wellbeing of community member(s) are reported, witnesses and parties should be assured that – to the extent permitted by applicable law and University policy – the focus is on the reported issue/behavior, not on other lower-level infractions, such as underage use of alcohol/drugs, an unregistered event, or a DCL-prohibited item. In such circumstances, the University may give amnesty regarding other conduct violations. The Senior Student Affairs Officer (SSAO) or their designee, in consultation with others as they deem relevant, will decide on granting amnesty. Reports must be made in good faith to qualify for amnesty. Students who receive amnesty pursuant to this Policy must comply with any required educational or behavioral interventions in connection with their receipt of amnesty; non-compliance may lead to such amnesty being revoked/rescinded and the underlying policy violations being addressed by the Department of Student Rights and Community Standards.
The following are examples of when the Amnesty Policy may apply, however is not an exhaustive list:
- You called BEMCo to seek emergency medical assistance for your friend who consumed an excessive amount of alcohol. In this scenario, both you and the individual in need of medical assistance may be eligible for Amnesty related to alcohol/other drug use.
- You reported a physical assault that you witnessed while you were in attendance at an unregistered event on campus that you were hosting. In this scenario, you may be eligible for Amnesty in regards to the unregistered event on campus.
- A friend of yours contacted BEMCo when you tried cannabis and you started having a negative reaction. In this scenario, both your friend and you as the individual in need of medical assistance may be eligible for Amnesty related to alcohol/ other drug use.
- You contacted Public Safety to report that a visitor is in your room who you found out brought a weapon on campus, even though you know you have unapproved furniture and other prohibited items in your residence hall room. In this scenario, you may be eligible in relation to unapproved furniture and/or prohibited items in your residence hall room.
This policy provides amnesty only with respect to violations of Brandeis University's Rights & Responsibilities. It does not grant amnesty in connection with the criminal or civil consequences of violations of federal, state, or local law. This policy is also not intended to shield or protect those students who repeatedly violate "Rights and Responsibilities." In cases where repeated violations occur, the University reserves the right to initiate conduct action on a case-by-case basis, regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate any case in which the violations are considered especially egregious or to take action to protect the health and safety of individuals or the community (see Section 21).
Call the Brandeis Department of Public Safety in an emergency. They can dispatch the Brandeis Emergency Medical Corps (BEMCo) or ambulance services. University Police officers will respond along with BEMCo as safety-conscious first responders, supporting BEMCo in their capacity and community members. Reach them at 781-736-3333 in an emergency. For off campus emergencies, contact 911.
Initial Pre-Process Procedures: Two formal conduct processes adjudicate different portions of the code. The SCP adjudicates alleged violations of academic integrity and various other social policy violations unrelated to Harassment, discrimination, or sexual violence. The OEO Formal Complaint Process and the Title IX Grievance Process adjudicate allegations of discrimination, harassment and sexual violence. University Actions (Section 21.) may be taken to address behavior anywhere that aggrieves a person who is not a member of the Brandeis community.
Under the SCP, subsequent to the receipt of a CSR or administrative complaint, the available facts shall be gathered from the reporter, and a careful evaluation of these facts shall be made. If there is sufficient information to believe that a violation may have occurred, the case may be forwarded to a formal adjudication process. The formal adjudication processes include the Student Conduct Process (SCP) and University Actions and Sanctions (Section 21.). The SSAO or designee may appoint, as needed, ad hoc conduct boards in addition to the boards described in Section 18.
The OEO Formal Complaint Process will follow the procedures found in the Formal Complaint Process: Policy Against Discrimination, Harassment and Sexual Violence which is incorporated here by reference. That policy can be found on the OEO website.
Interim and Protective Measures are taken by the DOS Office as needed.
Privacy Policy: Brandeis considers student privacy to be of high importance. Adjudication processes provide participants with the opportunity to disclose sensitive, private, or otherwise protected information so as to enable the comprehensive consideration of factors that may influence findings. The Privacy policy exists to balance the University’s need to gather necessary information with its interest in protecting all participants in any conduct process from privacy violations.
Any Brandeis student who is involved in any informal or formal adjudication process (Informal Investigation, Restorative Justice, SCP, OEO Formal Complaint Process, or University Sanctions), as a principal party or as a witness or Advisor, is required to respect the privacy of any person about whom information is learned during the process.
All information discussed or provided in a conduct process is considered private and therefore not shareable beyond a small number of people who may need to know it. “Need to know” means that the relationship between the student and the recipient of the information is familial, legal, or medical (the last referring to licensed physiological or psychological professionals, including the Prevention Advocacy and Resource Center). In addition, the student’s Advisor in a conduct process or members of the DOS Office or other senior administrators, including the Title IX Coordinator, are individuals with whom participants may discuss private information. The parties are also not restricted from discussing and sharing information obtained with any person serving as a witness for them in the conduct process.
Failure to adhere to this policy may subject the student participant to disciplinary action. Failure of people to whom information is disclosed to maintain privacy may also subject the Brandeis student participant, and any other Brandeis student discloser, to disciplinary action.
The policy extends to documents (paper or electronic) and other information related to a conduct process. This policy is in no way intended to prevent any person from discussing the personal experiences that led to the initiation of the conduct process. For example, an aggrieved person (initiating party) is not prevented from discussing facts, or personal opinions about those facts, as the student came to know them prior to initiating a conduct process. Only new information about those facts that is learned in a conduct process is not shareable.
This policy is not intended to discourage a Brandeis student from seeking advice regarding or redress from oversight or judicial entities external to Brandeis.
The University exercises careful discretion in sharing private information internally with professionals whose expertise or job function relates to the adjudication, or to the support of participants. Additionally, the University may share private information with other institutions in which a student participant is enrolled. Whenever private information is shared, it will be as minimal or redacted as possible in order to balance the need for sharing with the interest of maximizing privacy. Please refer to the University's Educational Records Policy for additional information.
Brandeis is required by law to provide statistics and narrative information about certain private information. Personally identifiable information will be removed from such communications whenever possible.
Questions about this policy should be directed to the SSAO or to the Office of Equal Opportunity.