Boston College Police Department (BCPD)

• Can outside media enter residence halls?
• Do I have a right to refuse a breathalyzer? To refuse to be taken to the infirmary/hospital?
• How is BCPD's role different from the Boston Police on a football game day?
• Do I always have to carry an ID?
• What are the rules about outsiders in the dorms and other campus buildings?
• When can/does BCPD tow my car? A visitor's car?
• What is BCPD's relation with the Boston Police? Can or should I contact
• BCPD if I get in trouble with the Boston Police?
• If I am underage at a party, will I get in trouble?
• What are my rights if I am stopped by a police officer in my building?
• Outside? At an athletic event? In a dining hall?
• If I am 21 but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the room at all?
  
  

Boston Police Department

• Does the Boston College Police Department have any jurisdiction off campus?
• What is the policy on underage drinking on the BC campus on football game days?
• Can Boston Police enter an off-campus residence?
• Are there alcohol laws I should know about?
• Are there noise ordinances I should know about?
• Are there landlord-tenant issues I should know about?

Office of the Dean of Students (DOS)

• Am I responsible for my non-BC visitors? Do I get in trouble for my non-BC friends' actions? What kind of ID should my non-BC friends carry?
• How is BC involved in issues between students off campus and their respective landlords?
• Where can I turn to find legal help or representation?
• What are the repercussions students face when they have violated the rules pertaining to academic integrity?

Residential Life

• If I open my room door a crack, can the Resident Advisor (RA) come in?
• Under what circumstances can an RA enter my room?
• Clarify the cohabitation policy: What specifically constitutes cohabitation?
• Is it only an issue if my roommates object?
• Are underage students in trouble for being in the presence (in the same dorm room) of alcohol even if they are not necessarily drinking?
• If I am 21 but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the room at all?
• Is there a standard penalty for being caught with alcohol in my room? What can I expect from meeting with my Resident Director (RD) afterwards?
• If an RA breaks up a party in my room and finds alcohol that was brought by someone else who does not live in my room, are my roommates and I still accountable because we allowed it into our room?

the Student Conduct process—Your questions answered

How do you get written up ("documented")?

A student will become involved with the conduct system as a result of alleged violations of the community standards of Boston College. Such violations will be documented and a report will be submitted by a Residential Life staff member, Boston College police officer, off-campus community liaison, neighbor, fellow student, University official, or local police department. While most students live on the Boston College campus, students living in the surrounding community off-campus or studying abroad are also subject to the jurisdiction of the Boston College student conduct system.

Anyone who has grounds to initiate a complaint regarding any Boston College student may do so by submitting to the Office of the Dean of Students (Community Standards) the following information:

1. the names of the accused
2. a clear statement explaining the nature and circumstances of the complaint
3. the names, addresses, and telephone numbers of those filing the complaint

What will happen if I am documented?

The authority to enforce the University Code of Student Conduct arises with the Board of Trustees and is passed through the President of the University to the Vice President for Student Affairs, then to the Office of the Dean of Students. The Dean then delegates the authority to the DOS staff, the Residential Life staff, or Hearing Board Members of the Student Conduct System as representatives of the University. This means that you would always have to meet with a staff member from Residential Life or from DOS. The Dean does reserve the right to review the sanctions imposed at any conduct hearing to ensure their appropriateness.

How will I know if I have been documented?

Once a student has been documented, he or she will receive notification via phone, email, and/or campus mail to meet with a member of Dean of Students staff or Residential Life to discuss the situation (Administrative Adjudication). It is mandatory that the student appear at the meeting. Failure of a student to return contact with the appropriate office might result in a decision being rendered and administered in the student's absence or an "administrative hold" being placed on a student.

What will happen when I meet with the University representative?

The Administrative Adjudication is an informal conduct hearing to discuss the report and the related incident. The focus of inquiry in disciplinary proceedings shall be whether the accused is responsible or not responsible for violating disciplinary regulations. The process is designed to enforce college rules and regulations, not criminal laws, though at times the two may coincide. Formal rules of evidence will not be applicable, and deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to a student respondent or the University has resulted. At the meeting, the University representative will review all case documentation with the student, hear the student's side of the story, and talk with the student about the ramifications of his or her actions. At the end of this meeting the University official will make a determination of one of the following:

The case may be:

1. Held — delayed until some future point with "no finding"
2. Dropped
3. Adjudicated — a finding is made and appropriate sanctions imposed
4. Referred to an appropriate hearing board as determined by the Dean or designee

* NOTE * If the nature of a case meets the criteria for referral to a board, a University official may refer a student directly to the board without an initial meeting with a University official. In such cases, the student will be given the opportunity to meet with an Dean of Students representative in order to go over the case and review the conduct procedure.

What will happen after I have met with the University representative?

If the administrator decides to find you Responsible, Not Responsible, or No Finding, you will get an official letter from him or her notifying you of the findings. If you are found Not Responsible, no further action will be taken and no report of the incident will show up in any of your records. If you are found Responsible, the letter will contain the sanctions that the administrator has imposed and an explanation of each of the sanctions as well as the deadlines for completing them.

OR

If the administrator decides to "hold" your case, your record will be kept in a pending file until appropriate action can be taken.

OR

The administrator may determine that because you deny the allegations or dispute the facts, because of the severity of the charges, or because of a history of violations, your case should be sent to a Student Conduct Board or an Administrative Hearing Board. In this case, you will receive a letter via email from an official from the Office of the Dean of Students that will contain your charge sheet for the hearing, an explanation of conduct procedure, and a letter providing the contact information for the Student Rights Committee.

What happens if I am referred to a Student Conduct Board?

The University administrator may deem that, either because of disputed facts or because of the severity of your actions for yourself or others, your case should be decided by a board of your peers. In this situation, your case would be sent to a Student Conduct Board.

The Student Conduct Board will conduct a hearing in which a group of five students and a chairperson will hear the facts of your case. In this hearing the person or office that filed the complaint against you will have the opportunity to present their version of the case. You will then be given an opportunity to tell your side of the story to the board. After each side has presented, they will be questioned by the board. Then each side will also be given the opportunity to question each other via questions directed to the chairperson.

In addition, each side will be allowed to bring witnesses to testify on their behalf. It is the responsibility of the accused person as well as of the person who brings the charge (complainant) to secure their own witnesses and to provide the names of the witnesses to the Office of the Dean of Students.

All students have the right to have an advisor with them throughout the hearing. Students may use advisors trained through the Undergraduate Government of Boston College (UGBC) or bring their own. However, the advisor will not be permitted to participate in the hearing. They may speak to the accused, but they may not make any public statements during the hearing. Further, advisors may not provide questions or statements for the accused to repeat verbatim. An attorney may be present and serve as an advisor to either party ONLY in instances where the accused student has been arrested or has had a criminal complaint filed against him or her and the matter has not yet been concluded in court.

At the hearing, the board will make a determination of Responsible or Not Responsible. After they have made this determination, they will look at your prior disciplinary record. Based on this prior history, they will decide upon sanctions that they deem appropriate considering the current case as well as your prior disciplinary history. These sanctions will be recommended to the Dean of Students, who has final approval of all student sanctions.

For a step-by-step process of the hearing, please see the Hearing Checklist. (PDF file. Adobe Reader required.)

For more information on UGBC student advisors, please see the Student Rights Letter. (PDF file. Adobe Reader required.)

What are potential sanctions I could receive if I am found responsible by the Student Conduct  Board?

The potential sanctions that can be issued range from a disciplinary warning to suspension or dismissal from the University. They usually involve at least one educational sanction that can range from designing a dorm poster about your violation to cleaning up trash for community service.

What happens if I am referred to an Administrative Hearing Board?

The University administrator may deem that, because of the severity of your actions for yourself or others or because of repeated and serious violations of the University code, your case should be decided by a board of administrators. In this situation, your case would be sent to an Administrative Hearing Board.

If you are referred to an administrative board, after receiving your charge sheet from an official from the Office of the Dean of Students, you will be required to come to DOS (Maloney Hall, Suite 212) to sign a statement acknowledging that you have received your charge sheet and understand the charges filed against you.

The Administrative Hearing Board will conduct a hearing in which a group of three administrators and a chairperson will hear the facts of your case. In this hearing you will be given an opportunity to tell your side of the story to the board. The person or office that filed the complaint against you will also have the opportunity to present their version of the case. After each side has presented, they will be given the opportunity to question each other via questions directed to the chairperson.

In addition, each side will be allowed to bring witnesses to testify on their behalf. It is the responsibility of the accused person as well as the person who brings the charge (complainant) to secure their own witnesses and to provide the names of the witnesses to the Office of the Dean of Students.

At the hearing, the board will make a determination of Responsible or Not Responsible. After they have made this determination, they will look at your prior disciplinary record. Based on this prior history, they will decide upon sanctions that they deem appropriate considering the current case as well as your prior disciplinary history. These sanctions will be recommended to the Dean of Students, who has final approval of all student sanctions.

For a step-by-step process of the hearing, please see the Hearing Checklist. (PDF file. Adobe Reader required.)

For more information on UGBC student advisors, please see the Student Rights Letter. (PDF file. Adobe Reader required.)

What are potential sanctions I could receive if I am found responsible by the Administrative Hearing Board?

The potential sanctions that can be issued range from a disciplinary warning to expulsion from the University.

I don't agree with the resolution of my case. Can I appeal it?

Students have the right to ask for a review of all administrative resolution sanctions and may do so by sending a letter to the original University representative with whom they met (whether or not that administrator determined their sanctions). From there the sanction will be referred to the appropriate official. The sanction will be reviewed, but the case and finding of violations will not be reheard. A review is simply to determine if the sanctions imposed are appropriate given the facts of the case.

If the case was heard by one of the Conduct Boards, and if the accused student can demonstrate that he or she has been denied a proper hearing of the case, or if the student can introduce evidence not previously available that would be likely to change the result of the prior hearings, an appeal can be made to the Dean of Students and the Vice President for Student Affairs. The appeal must be filed in writing by the student (not the student's advisor) with the Dean and the Vice President within five business days after notification of the sanctions. The Dean and the Vice President (or their delegated representatives), will review the case and determine if the new evidence or lack of a fair hearing requires consideration. The severity of a sanction is not legitimate grounds for an appeal.

A denial of a proper hearing would be a violation of the fairness rights listed in the Statement of Rights and Responsibilities. New evidence is evidence which was unknown to the accused at the time of the original hearing and which could have a significant impact on the outcome of the case. It is the responsibility of the accused to make every effort to gather sufficient evidence and witnesses for the original hearing. Failure to do so will be an important factor in determining the appropriateness of a subsequent appeal based on new evidence.

An appeal must contain the following information:

1. The name, address, and telephone number of the accused student.
2. A clear statement explaining the nature and circumstances of the appeal, citing the new evidence and/or the explanation with specifics of the alleged lack of fairness in the prior hearing.
3. The names, addresses, telephone numbers, and written statements of new witnesses. Written statements should include the general nature of their testimony and their assent to appear at a board hearing.
4. The name of an advisor, if any.

At the discretion of the Dean of Students, sanctions may be deferred while a request for an appeal is being considered. If the Dean and the Vice President decide that the appeal has merit (i.e., a case in which there is evidence of improper procedures or where new evidence likely would change the previous result), they will refer the appeal to the Appeals Board to be reheard in its entirety or refer it back to the original hearing board for further adjudication.

Will the University notify my parents of the findings of the case?

If a student is found Responsible, the University representative may send a copy of the sanction letter to the student's parents and will do so in any instance where a student's housing or university status is placed in jeopardy, and/or in cases where controlled substances are involved (includes alcohol).

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Boston College Police Department (bcpd)--Your questions answered

Source: John M. King, Director of Public Safety and Chief of the Boston College Police Department

Can outside media enter residence halls?

No. All residence halls are private property and outside press has no right to come in. Boston College has a media relations department that handles all university press releases, and can provide assistance to the media as needed.

Do I have a right to refuse a breathalyzer? To refuse to be taken to the infirmary/hospital?

You always have the right to refuse a breathalyzer. However, you do not have the right to refuse being transported to the hospital if you are incapacitated due to consuming alcohol.

How is BCPD's role different from the Boston Police on a football game day?

First, it is important to remember that BCPD is here to work with you to create a safe environment. That being said, BCPD police officers understand student life on campus. Both BCPD and the Boston Police are professional and well-trained police departments. On a football game day, the City of Boston requires Boston College to have a certain number of BC, local and state police officers on campus to enforce rules. These departments are primarily concerned for the safety of the community.

Do I always have to carry an ID?

It is always to your advantage to carry your BC ID, since it is a sign that you are part of the Boston College community and will then be treated as such if stopped by a BCPD officer. BC IDs must be presented at the request of a University official.

What are the rules about outsiders in the dorms and other campus buildings?

Outsiders must have a legitimate purpose to be in residence halls and must be authorized. Trespassers are always subject to arrest and BC students should call BCPD immediately if they notice an unauthorized person in their building.  Check with your RA for the rules that apply to guests in residence halls.

When can/does BCPD tow my car? A visitor's car?

See Transportation and Parking Services at www.bc.edu/transportation for information.

What is BCPD's relation with the Boston Police? Can or should I contact BCPD if I get in trouble with the Boston Police?

BC has a very good working relationship with the Boston PD and all area law enforcement agencies. BCPD cannot intervene on your behalf unless Boston Police requests BCPD help with a case.

If I am underage at a party, will I get in trouble?

You will be in violation of the law if you are seen with a drink in your hand, are intoxicated or conducting yourself in a disorderly manner. Other university rules apply regarding presence at parties. Check with your RA on current rules and expectations when attending parties.

What are my rights if I am stopped by a police officer in my building? Outside? At an athletic event? In a dining hall?

Your rights are the same no matter where you are on campus. BCPD must have a reason to stop a student.  We urge you to be cooperative and courteous with the police, and we expect our officers to be the same with you.  Most times, the interaction between police officers and students is brief and related to well-being concerns.

If I am 21 but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the room at all?

If you are 21, you are responsible for any underage drinking in your apartment. The only alcohol allowed in your room is enough for personal consumption.

Other points

• Possession of a false ID is a felony, and the production of false IDs may lead to expulsion from the University.
• Kegs are not allowed on campus ever. In fact, a person is not allowed to transport more than one keg at a time since it surpasses the amount of alcohol one person can transport without a license (7.5 30 packs or 1 keg).
• Always call 617-552-4444 if you are suspicious of something. BCPD would rather respond to 15 false alarms than miss a real emergency.

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boston police department--Your questions answered

Source: Interview with Officer Daniel J. Daley, Boston Police Department; "The Guide to Quality of Life Issues," prepared by the Office of the Legal Advisor; and the District 14 Community Services Office

Does the Boston College Police Department have any jurisdiction off campus?

Boston Police alone have jurisdiction off campus. Boston College Police can intervene in a situation off campus but must then call Boston Police. If an incident involving a BC student occurs off campus and is dealt with by the Boston Police, Boston College will be notified. This is part of the code of conduct Boston College students agree to regarding life off campus.

On campus, Boston College Police are responsible for enforcing all laws of the Commonwealth of Massachusetts. While Boston Police have jurisdiction on the Boston College campus, they will not come on campus unless asked by the Boston College Police, or on football game days.

What is the policy on underage drinking on the BC campus on football game days?

The Boston Police have a zero-tolerance policy regarding underage drinking. This matches both the laws of the Commonwealth of Massachusetts and the rules of Boston College.

Can Boston Police enter an off-campus residence?

Boston Police can enter an off-campus student residence in response to a disturbance of the peace complaint. Boston Police have the authority to enter the residence whether they are invited in (the door is opened for them) or not. Boston Police can arrest students if and when they are breaking the law.

Are there alcohol laws I should know about?

• Open Containers: It shall be unlawful for a person to drink from or possess an open container of alcoholic beverages, in or upon any public way, in any park, or playground, or on the private property of another without the consent of the owner.
• Procuring alcohol for underage persons: No person shall agree to procure for or deliver to an individual under the age of 21, any alcoholic beverage, sealed or open. The burden of ascertaining whether the recipient is at least 21 years of age is on the person delivering the beverages.
• Fake IDs: No person shall willfully misrepresent his or her age or in any way alter, deface or otherwise falsify his identification offered as proof of age with the intent of purchasing alcoholic beverages.
• Transportation of alcohol: No person under the age of 21 and who is not in the company of a parent or legal guardian shall knowingly possess or transport any alcohol. This section does not apply to a person between the ages of 18 to 21 acting in the scope of his or her employment. A police officer may arrest without warrant any person who violates this statute.
• Social host liability: Social host liability stems from a common law theory of negligence, in circumstances in which the host has served or provided liquor to an intoxicated guest and the intoxicated guest subsequently causes harm or injury to a third person. This theory of liability proceeds from the duty of care that accompanies control of the liquor supply.

Are there noise ordinances I should know about?

• Disturbing the peace: It shall be unlawful for any person in a residential area within the City of Boston to disturb the peace by causing, or allowing to be made, unreasonable or excessive noise. Any person who is aggrieved by a disturbance of the peace may notify the police. In response the police shall verify the noise level, and may make an arrest or file an application for a criminal complaint. In addition, the arresting officer may seize any loud amplification devices as evidence.
• Loud amplification devices: It shall be unlawful to use a loud amplification device in a manner that creates unreasonable or excessive noise in or on a motor vehicle, in a public way or place, and in or on residential premises. "Loud amplification device" includes, but is not limited to, radios, televisions, phonographs, stereos, records, tape and compact disc players, loud speakers, or sound amplifiers.
• Unreasonable noise: Noise measured in excess of 50 dBA (weighted sound level in decibels) between the hours of 11 p.m. and 7 a.m., or in excess of 70 dBA at all other hours shall be considered unreasonable or excessive. In the absence of noise level standard, any noise plainly audible at a distance of 300 feet, or in the case of loud amplification devices 100 feet, from a person of normal hearing shall be considered unreasonable or excessive.

Are there landlord-tenant issues I should know about?

• Liability of landlord for actions of a tenant: A copy of each violation notice for disturbing the peace shall be sent to the landlord. The landlord shall not allow repeated violations of these ordinances, after notice thereof.
• Discrimination: A landlord may not discriminate in rental properties based on an applicant's race, color, religion, national origin, sex, age, ancestry, or marital status. All suspected violations can be reported to the Lawyers' Committee for Civil Rights. In addition, a landlord may not terminate a tenant's lease in retaliation if the tenant exercises the legal right to report housing or building code violations or other rights provided by the statute.

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Office of the Dean of Students--Your questions answered

Source: Paul J. Chebator, Ph.D., Dean of Students

Am I responsible for my non-BC visitors? Do I get in trouble for my non-BC friends’ actions? What kind of ID should my non-BC friends carry?

Students are responsible for their guest regardless of the circumstances. Visitors are not required to have a college ID, but it is recommended that they carry some ID for their own safety.

How is BC involved in issues between students off campus and their respective landlords?

BC has various resources, particularly within the Dean of Students Office and Residential Life, to educate and aid students living off campus. In the fall of every year, the Off-Campus Housing directors in Residential Life sponsor informational sessions about off-campus life, including how to find and lease apartments. UGBC.org has also been revamped to offer greater utility to off-campus students. Visit our website and you will find places to submit and review apartment and real estate agent evaluations from students who may have lived in your exact apartment. Additionally, you will find information regarding important laws, lease agreements, and important contacts. If you have any ideas about how UGBC can better serve the needs of off-campus students, please let UGBC know.

Where can I turn to find legal help or representation?

BC cannot assign or find an attorney for a student who is involved in a legal situation. There would be risks in liability if the University were to refer lawyers and the case were lost. However, there is a pamphlet for a Lawyer Referral Service that BC provides to students. BC also encourages students to employ lawyers who practice in the court of the city where the trial is taking place. The Brighton district deals with BC students' trials most often.

UGBC does provide student rights advocates who serve as advisors to students at conduct board hearings. They can also represent those who wish to file grievances against University policies, procedures, or personnel. They contact the appropriate University offices and investigate all complaints until a resolution is achieved, either by the student withdrawing the grievance or by the University rectifying the error. To contact a student rights advocate, stop in the UGBC office at Maloney Hall, 2nd floor, or call 617-552-3499.

What are the conduct repercussions students face when they violate the rules pertaining to academic integrity?

The academic administration within the specific schools (College of Arts and Sciences, Carroll School of Management, Lynch School of Education, Connell School of Nursing, Woods College of Advancing Studies) is responsible for dealing with student violations of academic integrity. For example, Dean Clare Dunsford takes care of any issues in the College of Arts and Sciences for the sophomore class.

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Residential Life–your questions answered

Source: Interview with Iris Tavarez, Program Administrator for Judicial Conduct, Office of Residential Life

For additional information, please see the Office of Residential Life's Conditions for Residency, available on the Residential Life website at www.bc.edu/reslife.

If I open my room door a crack, can the Resident Advisor (RA) come in? Under what circumstances can an RA enter my room?

The University reserves the right to enter resident student rooms and conduct a plain view search for reasons of health, maintenance, upholding community standards (including safety and discipline), or inspections. Except in cases of an emergency, a complete search of the contents of a student's room will only be made with:

1. his or her consent;
2. with a University Search Warrant issued by the Vice President of Student Affairs or designee; or
3. with a duly authorized search warrant from a local court.

Clarify the cohabitation policy: What specifically constitutes cohabitation? Is it only an issue if my roommates object?

The answer to this question is included in the Guest Policy under the Conditions for Residency: Guests are defined as any person not registered to the room. Guests of the opposite sex are not permitted to remain overnight. Sexual activity between or among members of the same or opposite sex is also prohibited in the residence halls. Both are subject to disciplinary action.

Are underage students in trouble for being in the presence (in the same dorm room) of alcohol even if they are not necessarily drinking?

Students under the age of 21 are expected to remove themselves from gatherings where alcohol is present even if they are not consuming alcohol. If an underage student is documented being in the presence of alcohol, it will be treated as an administrative matter. Typically speaking, warnings for being "in the presence of alcohol" are issued without formal sanctions nor formal violations of the Code of Conduct.

See Boston College Police Department section.

If I am 21 but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the room at all?

Students who are 21 years old and over may have small quantities of alcohol for personal consumption only. Possession of large amounts and/or providing alcohol to minors is prohibited and disciplinary action will be taken. Social gatherings at which alcohol is served are strictly prohibited unless registered in advance in accordance with the guidelines promulgated by the Office of Residential Life.  It is the host's responsibility to assure that guests are of legal drinking age.

See Boston College Police Department section.

Is there a standard penalty for being caught with alcohol in my room? What can I expect from meeting with my Resident Director (RD) afterward?

Anyone under the legal age possessing, consuming or transporting alcohol is subject to disciplinary action. Regardless of age, anyone drinking or possessing an open container of alcohol in a public or common area (outdoors, lounges, and hallways) or participating in drinking games is also subject to disciplinary action. Please refer to the Community Standards Sanctions, also known as the Matrix, for minimum, mandatory sanctions for alcohol and drug violations. Upon meeting with your Resident Director or hearing officer, you will be able to have a conversation with him or her about the incident.

If an RA breaks up a party in my room and finds alcohol that was brought by someone else who does not live in my room, are my roommates and I still accountable because we allowed it into our room?

Students are responsible for all activities occurring within their room or apartment and their guests. Students are held accountable if they allow illegal alcohol or drug use to occur within their room. Students will also be considered enabling the underage consumption of alcohol if they possess or have alcohol or drugs present in the room for use by others.

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