Section 21. University Actions and Sanctions
Brandeis University is a small, but complex, community that believes in self-care and caring for others. Given the rigor of academic programs and the numerous co-curricular and extracurricular activities in which students engage, the existence of behavioral concerns between and amongst community members is natural. The provisions of this Section describe the authorities and responsibilities of the Senior Student Affairs Officer (SSAO) or designee to intervene in cases of urgent or serious student behavior and provide constructive response to it.
21.1. University Action: Whenever the University has reason to believe that a student’s conduct or behavior may disrupt the safety or well-being of another University community member (student, faculty, staff or guest), or may prevent the student of concern from acceptably rendering a University service, the University may take any action that it believes to be appropriate and reasonable under the circumstances. This may include, but is not limited to, notification of the student’s parent or guardian; removal of the student from a residence hall, or restriction from specific buildings; suspension of the student from a campus leadership position; suspending the student from class or changing the student’s class schedule; removal from a job or athletic team; or other action deemed necessary to remove or minimize the threat or disruption.
The SSAO or designee is the only person authorized to grant permission to a student who wishes to return to classes and/or residence halls after any such removal.
21.2. Emergency Suspension: Pending final action in response to a violation of University regulations, the status of a student shall not be altered, or the student’s right to be present on the campus and to attend classes suspended, except to (1) ensure the physical and emotional health, safety or well-being of members of the Brandeis community; (2) prevent the disruption of, or interference with, the normal operations of the University or any investigation; and/or (3) when such a restriction is deemed necessary by the University. The decision to separate a student from the campus under these conditions shall be made by the SSAO or designee.
21.3. Indefinite Suspension: In the event the SSAO or designee learns that a Brandeis student has been charged with or convicted of a crime, the SSAO or designee may immediately remove the student from campus housing, restrict the student’s access to the campus, and/or indefinitely suspend the student from the University pending the final outcome of a criminal proceeding. In making this decision, the SSAO or designee must consider the nature of the crime and the risk to the safety or well-being of the University community. A student suspended under this authority may request a meeting with the SSAO or designee. The final decision on continuation of the suspension shall be made by the SSAO or designee. The procedural standards set forth in Section 18 do not apply to indefinite suspensions.
21.4. University Sanctions (Formal Adjudication for Off-Campus Incidents and Non-Brandeis Reporters): Brandeis University expects students to conduct themselves at all times as good citizens and good neighbors, in a manner that is consistent with federal, state and local laws and ordinances. Off-campus student behavior that aggrieves any person, or on-campus student behavior that aggrieves someone who is not a Brandeis community member, which in the judgment of the SSAO or designee constitutes behavior that is inconsistent with these standards and adversely affects the University community, may result in sanctions and/or University Restrictions up to and including dismissal. A Brandeis student disciplined under this authority may request a meeting with the SSAO or designee, and with the SCB or the Outcomes Administrator. The SCB or Outcome Administrator shall advise the SSAO or designee on the appropriateness of the sanction(s) imposed. The final decision shall be made by the SSAO or designee. The procedural standards set forth in Section 18 do not apply to off-campus behavior or university sanctions.
21.5. Physical and Mental Health Emergencies: Whenever a student’s conduct results in the intervention of the Brandeis Health Center, the Brandeis Counseling Center, or a non-Brandeis medical or psychological health care provider in order to prevent, or address the possibility of, a student doing harm to themselves or others, or to address a student’s severe emotional or psychological distress, the SSAO or designee will establish an emergency protocol for that student. Any student who receives treatment from a non-Brandeis medical or psychological health care provider under these circumstances must contact the SSAO or designee upon release from the health care facility.
The SSAO or designee shall notify the student in writing of the emergency protocol and the basis for it. Within three (3) business days of notification, the student shall have an opportunity to speak with the SSAO or designee, to discuss the protocol and to provide information, including documentation from an appropriate care provider. The SSAO or designee shall then decide, at their discretion, to reinstate or restore the student’s privileges (or not), to consider further action under this procedure, or to take additional reasonable and appropriate steps.
During the period beginning with the emergency intervention and continuing until the conveyance of explicit written permission by the SSAO or designee to resume campus functions, a student subject to an emergency protocol is not permitted to access any campus property or facilities, attend any classes or any University events. No exceptions will be made for examinations or for other time-sensitive student activities or academic obligations. Failure to comply with this protocol may result in referral to the SCP as defined in this document (see Sections 2.1. and 2.2.).
21.6. Study Abroad: Any student who is found responsible for violations of any University policy may not be allowed to participate in study abroad for academic credit.
If a finding of responsibility occurs while a student is studying abroad, the student’s study abroad program will be notified in writing of the finding. Brandeis and/or the student’s study abroad program reserves the right to terminate the student from the program without the granting of academic credit and/or a financial refund.
21.7. No Contact Order (NCO): NCOs state that a student is restricted from contact with a named individual(s) through verbal, physical or electronic means or via third parties. It is understood that the nature of the Brandeis University environment does not mean that the parties to an NCO will not see each other on campus, but rather, reasonable compliance is expected and any unnecessary contact must be avoided. Further, it puts written guidelines in place to prohibit contact. Typically under an NCO, it is the responsibility of whichever party arrived to the space last to immediately remove themselves from the situation and take means to separate. Incidental contact, however, will not be considered a violation. Incidental contact may include unintentionally passing on campus or unexpectedly seeing the other party in an on-campus building. With incidental contact, it is typically the responsibility of the last party to arrive to remove themselves from the situation. A No Contact Order is not a sanction or a conduct outcome. It is a protective measure meant to focus on the safety of the initiating party and/or the campus community. NCOs are administered by the Dean of Students Office (DOSO). Any alleged violations of an NCO should be reported to the DOSO and will receive appropriate response, which may include University action, such as restriction from events or locations.
21.8 Emergency Removal: Emergency Removal may be utilized when the University is informed of allegations of behavior that may be considered Title IX Sexual Harassment/Violence under the Policy Against Discrimination, Harassment & Sexual Violence (Section IV, D). If it is determined that this policy does not apply to the alleged behavior, but that a different University policy may apply, the University may deem it necessary to take separate University Action under Section 21 of "Rights & Responsibilities."
Pending final action in response to a complaint alleging violation of University regulations, the status of a student shall not be altered, or the student’s right to be present on the campus and to attend classes suspended, except to ensure the physical health, or, safety of members of the Brandeis community. The decision to separate a student from the campus under these conditions shall be made by the SSAO or designee in consultation with OEO.
In the event the University initiates an Emergency Removal, the University shall notify the student of the action taken and the basis for the action. Within three business days of notification, the student shall have an opportunity to speak with the Dean of Students Office regarding the status of the action taken. After that meeting, the individual has the option to request a modification of the Emergency Removal. Any request for modification must be submitted in writing within 48 hours of that meeting, on the appropriate form, which can be obtained from the Dean of Students Office (DOSO). An individual may submit a written request for modification to DOSO asking to either (1) have the Emergency Removal lifted or (2) have the Emergency Removal modified. If an individual fails to meet with DOSO within 10 business days of the issuance of the Emergency Removal, the opportunity to request a modification will close, and the SSAO or designee shall then decide, at their discretion, to reinstate or restore the student’s privileges (or not).
With their request for modification, the individual should submit a brief written explanation regarding whether the Emergency Removal should be lifted or modified. The request for modification may include any supporting documentation that the person believes is relevant. Please note that any information submitted in support of a request for modification will be made available to the investigator of the resolution process. The request for modification will be decided within three (3) business days from the receipt of the submission. The request for modification is a paper-based process and will be decided through consideration of the written submission and any other available information about the alleged conduct. The individual will be notified in writing about the decision on their request for modification. Once the request for modification has been decided, there is no further opportunity to contest the issuance of Emergency Removal. However, the University reserves the right to modify or remove an Emergency Removal at any time as it deems necessary and/or appropriate.
21.9 Appeals Procedures: In the event the University takes action under any subsection of Section 21, the University shall notify the student of the action taken and the basis for the action. Within three business days of notification, the student shall have an opportunity to speak with the Dean of Students Office regarding the status of the action taken. After that meeting, the individual has the option to request a modification of the University Action. Any request for modification must be submitted in writing within 48 hours of that meeting, on the appropriate form, which can be obtained from the Dean of Students Office (DOSO). An individual may submit a written request for modification to DOSO asking to either (1) have the University Action lifted or (2) have the University Action modified. If an individual fails to meet with DOSO within 10 business days of the issuance of the University action, the opportunity to request a modification will close, and the SSAO or designee shall then decide, at their discretion, to reinstate or restore the student’s privileges (or not), to consider further action under this procedure, or to take additional reasonable and appropriate steps.
With their request for modification, the individual should submit a brief written explanation regarding whether the University action should be lifted or modified. The request for modification may include any supporting documentation that the person believes is relevant. Please note that any information submitted in support of a request for modification will be made available to the Investigator of the Resolution Process and/or the hearing administrator. The request for modification will be decided within three (3) business days from the receipt of the submission. The request for modification is a paper-based process and will be decided through consideration of the written submission and any other available information about the alleged conduct. The individual will be notified in writing about the decision on their request for modification.
Should a student believe that the decision on their request for modification warrants additional consideration, a Request for Modification Appeal may be granted.
Such appeals requests shall be based only on specific evidence, presented in writing, of:
- Procedural Error: The student alleges
- the procedural requirements of section 21 in "Rights & Responsibilities" were not followed and
- that deviation from the process had an adverse impact on the outcome of their Request for Modification
- New Information: The student alleges that, subsequent to the issuing of the decision on their request for modification, new information became available which could have impacted the outcome of the request. The student must:
- present the new information;
- show why it was unavailable prior to the decision on their request for modification; and
- show that the new information could have altered the outcome of decision on their request for modification
The SSAO or designee will review Request for Modification Appeal submissions. This is a paper review. The individual reviewing these appeals will not be the same individual who reviewed the initial request for modification submission. The student will receive a decision on their Request for Modification Appeal submission within three (3) business days of submission. Once the request for modification appeal has been reviewed and decided, there is no further opportunity to contest the issuance of University Action.
Students can locate the Request for Modification Appeal form online.
The University reserves the right to modify or remove a University action at any time as it deems necessary and/or appropriate.