On March 15, 1995 the University Disciplinary Council met to hear the following charges brought against a Semester VIII male student:

Offense II.

a. Behavior which causes or can be reasonably expected to cause physical harm to person;
b . Behavior which shows flagrant disrespect for the well-being of others;
c . Behavior which is unreasonably disruptive of the University community and its neighborhoods;

Comment

Offense II encompasses a wide range of behavior - e.g., assault, vandalism, throwing, hurling or firing projectiles with disregard for persons or property.

Offense IV.

Harassment: the subjection of another person or group to abusive, threatening, or intimidating actions, including those based on race, religion, gender, handicap, ethnicity, national origin, or sexual orientation. (See Section IX, "Civil Rights & Non-Discrimination.")

Offense V. c . Drug and/or alcohol related behavior.

Comment

The use of any drug, including alcohol, judged to be related to an offense will not be considered a mitigating circumstance. This applies whether the drug was legally or illegally used by the offending party. This factor in a case may result in a more severe penalty and/or the imposition of terms requiring evaluation or treatment, as determined by appropriate professionals. (See Brown Policy on Drugs.)

It was alleged that early in the morning of Sunday, February 19, 1995 the charged student and another male student were both in a residence hall and that they were intoxicated. The charged student was responsible for unreasonably loud noise in that residence hall, including loud music and shouting. During the course of this disruptive behavior the- charged student wakened or otherwise disturbed several students, including a female student who heard loud banging on her door. An exchange followed in which the female student repeatedly asked the charged student to cease the noise. The charged student also threw a football towards the female student's face, which she avoided by quickly closing her door. The female student anonymously called Brown Police & Security to report a noise complaint, and prior to the officers' arrival the charged student stated "but [name of another female student] is not here...my dick too, my dick too". The complaining student alleged that these comments were intentionally directed at her in a threatening manner. There was evidence that those comments were not intended in the manner that the complaining student alleged. There was also evidence that the charged student had torn material off several students' doors and damaged University property.

The charged student testified that he was intoxicated to such an extent that he could not recall what had occurred in the residence hall that morning. In his opening statement the charged student apologized to the female student and the Council, expressed sincere regret for the harm he had caused her and acknowledged that he had taken, and would continue, appropriate remedial steps regarding his behavior.

FINDING & PENALTY:

The Council heard testimony from the female student who filed the complaint, a male student witness, and the charged student. After hearing testimony and reviewing evidence for approximately three and one-half hours, the Council determined that the student's actions on February 19, 1995 constituted a violation of the Standards of Student Conduct, specifically Offenses II.a., II.b., II.c. and V.c. The Council determined that those actions did not constitute a violation of Offense IV.

The penalty voted by the Council was University Sanction. The duration of Sanction is the remainder of the student's time as a Brown University student. The terms accompanying Sanction are University File Entry (permanent), Transcript Entry (permanent) and Parental Notification. Further, the Council expects that the student will continue appropriate remedial steps regarding his behavior as deemed necessary by University officials.

In making its determinations the Council carefully considered the evidence and testimony presented. Due to the fact that the charged student had not had prior adversarial contact with the female student, that there was ambiguity as to the content and intent of the charged student's statements and the isolated nature of the behavior, the Council determined that harassment did not occur. The Council did determine that the shouting, loud music and banging were unreasonably disruptive and showed flagrant disrespect for the well-being of others. They determined that the throwing of the football was, in addition, behavior that could reasonably be expected to cause physical harm, and that the totality of the behaviors were alcohol related. There was consensus among the Council members that the charged student's remorse, acknowledgment of the seriousness of his actions, and the fact that he had undertaken appropriate remedial steps were sincere. The Council considered the effect of alcohol on the charged student's behavior as an exacerbating factor (in accordance with University policy). The Council was informed that the charged student had previously been placed on Probation as the result of a Dean's Hearing, although he was not on Probation at the time of the incident. Accordingly, the Council imposed Sanction, with a permanent entry to that effect on the charged student's transcript.

REVIEW BY THE DEAN OF STUDENT LIFE:

The Dean of Student Life has approved the penalty, and the accompanying terms, determined by the Council.

Note that penalties are not effective until the period for appeal (the deadline for which is Friday, March 24, 1995 at 5:00 PM) has expired or the decision on appeal has been rendered.

APPEAL AND REVIEW:

The charged student has the right to appeal the decision of the Council and/or the Dean of Student Life to the Provost of the University. Appeals will normally be considered only when new evidence which was not reasonably available at the time of the hearing becomes available or when an allegation of substantial procedural error on the part of the University or the Council is made.

Notwithstanding the right to appeal, the President has the power to review, at his own initiative, the decision of the UDC and/or the Dean of Student Life. The Provost and President have the authority to affirm, reverse, or modify the decision and/or the penalty imposed. The Provost may also remand the matter to the UDC or the Dean of Student Life for further consideration.