Bryan Hall Incident FAQ and Updated Links
Frequently Asked Questions
Here are some frequently asked questions about the Jan. 20 Bryan Hall courtyard incident and a college response to each:
The State of the Campus
1. How does the College view the event?
As an institution and individuals, we are sorry that the incident happened. We sympathize with any student who was injured, and their friends and families. We ask everyone to let the internal College judicial process and the external charges now before the criminal justice system be adjudicated before making conclusions about the facts and who should be held responsible.
2. What is the emotional state of the campus in the wake of this incident?
Many students are upset that the event occurred, and have met and gathered to air their concerns. Otherwise the campus is calm. Extra security has been added to increase the feelings of safety and security on campus and especially among students.
3. Will the College do anything to bridge what appears to be a divide between student-athletes and non-student-athletes?
Approximately one quarter of Guilford’s 1,100 students residing on campus participate in intercollegiate athletics. The College is aware that some hard feelings exist between student-athletes and non-student-athletes and is taking steps to unite the two groups. These steps include having student-athletes more involved in the various activities on campus, and providing wider campus participation in athletic events.
The Incident
4. This has been called a “hate crime” by some people, was it?
Guilford College applies the guidelines of the U.S. Department of Education when considering if an offense was a hate crime. The Handbook for Campus Crime Reporting indicates on page 41 that, “Before an incident can be classified as a hate crime, sufficient objective facts must be present to lead a reasonable and prudent person to conclude that the offender’s actions were motivated in whole or in part, by bias.” The College’s Student Handbook, which includes the Code of Conduct, does not specifically address hate crimes but it does provide that verbal, non-verbal, written or physical abuse of another person is a violation of the Code of Conduct. The Judicial Review Committee, drawn from the Judicial Board of trained faculty and students, reviews the judicial policies and procedures on a regular basis, and they will be revised as appropriate. Until the fact-finders in our internal judicial process have reviewed all of the evidence, any classification of this incident would be premature.
5. Was “hate speech” used in the incident?
As with the issue of “hate crime,” the College has conflicting accounts of what was said during and after the incident. Still, if some of the racial epithets being reported by the media as being said were said, their use would be highly offensive, inappropriate and may constitute “hate speech.”
6. The Public Safety response to the incident has been described by some as slow. Is that the case?
An officer responded within less than five minutes after they were called. Reports of a 30-40 minute delay in response to the incident after the call was made are contradicted by department log.
7. What is the policy for students calling 911?
If a student is witness to, or involved in, a threatening situation and feels more comfortable dialing 911 then this is the appropriate course of action. The College strongly encourages its students to call Public Safety at extension 2911 so officials have knowledge of a situation on campus. Asking our students to call x2911 decreases Public Safety response time. .
8. How can such a hateful incident happen on the campus of a Quaker-founded college?
As we all know, conflict sometimes occurs on every campus, even ours. The College will continue to gather facts and address any problems it finds.
9. Doesn’t the incident indicate that Guilford’s student-athletes are out of control or, at the least, troublemakers?
No. These are actions of individuals who, if found responsible, will be disciplined.
10. The College moved some of the students involved in the incident off campus. Why was this done?
Some students involved in the incident were required to reside off campus temporarily as the judicial process continues in order to facilitate the investigation and bring a sense of calm to the campus community.
11. How can the College be sure that an incident of this type won’t happen again?
No institution can make that promise. Still, this incident has alerted the College to the need for increased attention to educating on the strength of diversity, relationships between student-athletes and non-student-athletes and other issues that may need more attention in order that incidents of this type don’t happen in the future.
College Judicial Procedures and External Criminal Charges
12. The College says violence and verbal abuse will not be tolerated on campus. When the facts are in, what action will be taken toward those responsible?
A student found responsible under the College’s Student Code of Conduct can face sanctions ranging from community restitution to permanent dismissal.
13. What does it mean to participate in the fact-finding phase of the faculty-student judicial hearing process at Guilford College?
Receiving internal charges, or participating in the fact-finding phase of the faculty-student judicial hearing process, is merely a mechanism to ascertain facts. It is not an indictment. If the facts presented to the Judicial Board indicate that a charged party is not responsible, the charges are dropped and purged from the student's judicial record.
14. What is the difference between internal and external criminal charges?
Internal charges at Guilford College are used to ascertain facts and are assigned when Public Safety or Residence Life staff reports indicate or student complaints indicate that students were involved in a violation of the Student Code of Conduct.
External charges result from an arrest warrant, based either on an affidavit outlining probable cause for arrest, or on the oath of affiance of an aggrieved party to a magistrate (this means swearing to a judge the truth of your allegations). This is not a Guilford College process.
15. What is the standard of proof for internal and external charges?
The standard of proof is different between Guilford’s judicial system and the criminal justice system. At Guilford, our standard of proof in the Student Code of Conduct is “preponderance of evidence.” This means that there is a determination that something is more likely than not to be true. In the criminal justice system, the standard of proof is “beyond a reasonable doubt,” which requires more certainty.
16. What about "self-defense?"
“Self-defense” is what the courts call an “affirmative defense.” This means that the accused student has the right to argue to the judicial board (saying to the board) that “I was acting in self-defense and should be found not responsible for any charges.”
17. When will the College announce the results of the hearing so the community can know the "facts"?
There will be no College report. Unlike Court TV or Law & Order, administrative or judicial board hearings are not open to the public, and a college or university cannot release the records. This is not only Guilford College policy but also federal law pursuant to the Family Education Rights and Privacy Act of 1974 (FERPA). Whatever facts are ascertained before or during the hearings certainly inform the findings of responsibility and sanctions, if any. But these facts are matters for the students involved and the College rather than the general public or even College community as frustrating as that can be. Only if all the students charged provide written authorization can the College release the records (including findings) specific to those students; one student can only authorize the release of his or her own record and not the records of anyone else involved, including non-party witness statements. That is the law.
Feb. 19, 2007