Published on The Hampshire College Student Handbook (https://handbook.hampshire.edu)
Home > The Hampshire College Student Handbook > Norms for Community Living and Policies > Formal Conduct Process > Hearing Options
Hearing Options
The flow charts below show the process for each type of hearing for an alleged conduct violation. In circumstances when an information report [1] is submitted and there is reasonable cause to modify the process, including but not limited to prior to commencement when a student is a candidate for graduation, the dean of students office and office of student rights and responsibilities will use their discretion to determine the appropriate process for resolution while maintaining the rights [2] afforded to all students in the conduct process.
If a respondent leaves the College for any reason while the formal conduct process is underway, the dean of students office and office of student rights and responsibilities have the authority to determine whether or not the process should continue or be held should the student return or be readmitted to the College.
Below you can find visual flow charts for each of our hearing processes.
Administrative hearing. [4]
Community review board hearing. [5]
Sexual misconduct community review board hearing. [6]
Administrative Hearing
A trained administrative hearing officer will meet with students to discuss reported violations of policy. Administrative hearings [7] are informal meetings with a formal outcome.
Students who come into conflict with the Code of Conduct will receive advance notice of the alleged policy violations, the opportunity to engage in dialogue with the administrator facilitating the meeting, and will be given a minimum of twenty four (24) hours notice to meet. The outcome of this meeting may result in the student being found not responsible, responsible, or if multiple charges have been applied, the student may be found responsible for some violations and not responsible for others.
For students found responsible, sanctions [8] will be applied. Students will receive a written outcome letter within five (5) business days. This timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the review. Any extension of the timeframe, and the reason for the extension, will be shared with the parties in writing.
Students have the right to appeal decisions determined during a conduct meeting as described in the appeals policy [9].
Any complaints or appeals relating to a violation of the sexual misconduct, relationship violence, and stalking policy [10], and other violations of Code of Conduct [11]that are alleged to have occurred as part of the same circumstances as the sexual misconduct, relationship violence, and stalking policy complaint, shall proceed in accordance with the the precedures set forth in the sexual misconduct, relationship violence, and stalking policy.
Community Review Board (CRB) Hearings
The Community Review Board (the "board" or the "CRB") hears alleged violations involving Hampshire College students and makes determinations regarding matters of fact surrounding specific complaints and makes findings of whether a respondent violated the Code of Conduct, and if finding a violation, determines sanctions. This determination of sanctions takes into account, as appropriate, any mitigating, extenuating, and/or aggravating circumstances discovered in the course of the board's review.
The board is active during the academic year, until the final day of the Hampshire College advising/progress review period each semester. The board is not in session during College breaks and holidays. Complaints referred to the CRB when the board is not in session, or filed within a timeframe that does not allow them to be heard while the board is in session, may be referred to the dean of students office for adjudication by an administrative hearing or, at the discretion of the dean of students office, postponed to the next session of the board.
For reports of violation of the Sexual Misconduct, Relationship Violence, and Stalking Policy [10] and other violations of Norms [11]of Community Living and Policies [11] that are alleged to have occurred as part of the same circumstances as the Sexual Misconduct, Relationship Violence, and Stalking Policy complaint, a separate investigation process, which may lead to a hearing before a panel made up of members of the CRB may be convened. For details on investigation and hearing processes through the Sexual Misconduct, Relationship Violence, and Stalking Policy, please see the policy.
A CRB will be comprised of three (3) trained board members including one (1) faculty, one (1) student and one (1) staff, availability may determine a different composition for the board. Members are invited to serve one-year terms and at the conclusion of the term may have the option, at the discretion of the CRB advisor, to return for service on the board. The CRB is convened and advised by the director of student rights and responsibilities or other member of the student life staff as designated by the dean of students.
Board members receive an in-depth training at the beginning of each calendar year as well as meet for regular in-service training throughout the academic year. Members joining at times outside of the calendar year will also receive an in-depth training.
For further information about the CRB and membership, visit the CRB website [12].
During a Community Review Board Hearing
When a hearing is held by the board, all parties will abide by procedures set by the board and by this document. Some procedures may vary slightly for cases heard under the Sexual Misconduct, Relationship Violence, and Stalking Policy; see the Hearing section [13] under the policy for additional inofrmation.
The hearing facilitator will manage hearing proceedings, recognizing persons who may speak and ensuring fair and orderly presentation of facts. Only those members who hear the entire case may participate in making final decisions and determine sanctions.
All CRB hearing proceedings are audio recorded for use by the dean of students office (if needed) during an appeal.
The board members hearing a case, in consultation with the advisor to the board, will decide what information is admissible. (For information submitted prior to the hearing, the advisor to the board in consultation with the dean of students office, will decide what information is admissible.)
Persons appearing before the board may be accompanied by a supporter (a current faculty, staff, or student member of the Hampshire College community), but may not be represented by another person or by an attorney. Please see the Supporter Expectations [14] section for more information.
Witnesses may be sequestered during the hearing at the discretion of the board, in consultation with the advisor to the board. In no case will the respondent(s) or the complainant(s) be required to leave while information is being given. However, the board may go into executive session at any time, excluding all persons other than the board and its advisor(s) from its deliberations.
The board members hearing a case may seek additional guidance on the hearing at the discretion of the hearing facilitator, including, but not limited to, College legal counsel or a dean from the dean of students office.
Every effort will be made to conclude the proceedings at one sitting. The board may choose to extend the hearing to more than one session, especially in complicated cases.
Board members must recuse themselves if they are unable to hear a case with objectivity.
The hearing will be over when the board has determined, through careful examination of all information presented, that it has sufficient information to determine an outcome or that there is insufficient information available to make a determination.
The failure of the respondent or the complainant to appear at a hearing does not prohibit the board from hearing a case. The board will review all available information and will then make a determination if sufficient facts exist to hear the case. In the case that the board feels sufficient information is available, it will proceed with the hearing as usual. As with all cases, the board may come to a finding of "not responsible" if they cannot determine that it is more likely than not that the Code of Conduct was violated by the respondent.
The findings and any sanction(s) from the board will be decided upon in an executive session of the board following a hearing. A majority agreement of board members present for a hearing is required in the board's determination of findings and sanctions based on a preponderance of the evidence [15]. The findings and sanction(s), if applicable, are to be communicated in writing by the office of student rights and responsibilities on behalf of the board members to the respondent within five (5) business days after the conclusion of the hearing. In rare circumstances, as deemed appropriate by the CRB advisor, the hearing board may make a request to the CRB advisor and the dean of students office for additional time to finalize their decision.
Complainant Rights & Responsibilities
Responsibilities of the Complainant
A complainant is not required to attend a hearing, however the board may dismiss a case if they feel there is insufficient information to determine an outcome without the complainant appearing. The complainant must be truthful. The complainant is subject to referral to the Formal Conduct Process [16] if they knowingly lie to the board.
Rights of the Complainant
In addition to the rights and responsibilities in conduct meetings and hearings [2] listed for complainants in the formal conduct process section, complainants in CRB hearings have the following rights:
The complainant shall be provided with a copy of any statement submitted to the community review board by the respondent.
The complainant has the right to know the date of the hearing at least five (5) business days before the hearing.
The complainant has the right to request a postponement, which may be granted for reasonable cause by the CRB advisor or dean of students office, providing they notify the CRB advisor at least 36 hours in advance of the scheduled hearing. The request for postponement must be put in writing to the CRB advisor.
The complainant may provide compelling reasons to challenge the participation of any board member; the decision shall be made by the board hearing the case in consultation with the CRB advisor.
The complainant may choose not to answer questions posed by the respondent or members of the community review board.
The complainant has the right to ask questions of the board, respondent, and witnesses (both their witnesses and the complainant's witnesses). All questions must be directed through the board.
The complainant shall be allowed to present witnesses, including one character reference, on their own behalf and to be accompanied by a supporter of their own choice. The supporter shall be a current faculty, staff, or student member of the Hampshire College community.
The complainant in any conduct hearing/meeting shall have the right to appeal, as explained in the appeals section [9].
The board shall not permit the consideration of statements by witnesses not available for questioning, but this may be waived for good cause if the board hearing the case, by majority vote, determines that admission of such a statement enables of a thorough review of the matter, allows the case to be adjudicated in a fair and equitable manner, and will not cause undue prejudice to either party.
Respondent Rights & Responsibilities
Responsibilities of the Respondent
A respondent is not required to attend a hearing, however a decision will still be made regardless of whether or not the respondent is present. The respondent must be truthful. The respondent is subject to referral to the Formal Conduct Process [16] if they knowingly lie to the board.
Rights of the Respondent
The respondent shall be provided with a copy of the written report of violation(s) of policy prior to the hearing.
The respondent has the right to know the date of the hearing at least five (5) business days before the hearing.
The respondent has the right to request a postponement, which may be granted for reasonable cause by the CRB advisor or dean of students office, providing they notify the CRB advisor at least 36 hours in advance of the scheduled hearing. The request for postponement must be put in writing to the CRB advisor.
The respondent may provide compelling reasons to challenge the participation of any board member; the decision shall be made by the board hearing the case in consultation with the CRB advisor.
The respondent may remain silent during a hearing, but, by doing so, is not immune from a determination of responsibility and sanctions if applicable.
The respondent has the right to ask questions of the board, complainant, and witnesses (both their witnesses and the complainant's witnesses). All questions must be directed through the board.
The respondent shall be allowed to present witnesses, including one character reference, on their own behalf and to be accompanied by a supporter of their own choice. The supporter shall be a current faculty, staff, or student member of the Hampshire College community.
The respondent shall be provided a copy of the outcome letter, which may also include sanctions if the respondent is found responsible for violating the Code of Conduct.
The respondent shall have the right to appeal, as explained in the appeals [9] section.
Questions or comments? Contact the director of the office of student rights and responsibilities, Greg Narleski.
Source URL: https://handbook.hampshire.edu/node/232
[1] https://www.hampshire.edu/student-rights-and-responsibilities/report-an-incident-or-concern
[2] https://handbook.hampshire.edu/node/114
[3] https://handbook.hampshire.edu/sites/default/files/handbookimages/Flow%20Chart%20for%20Students%2010-3-16.pdf
[4] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20Admin%20Hearing%20Process%20Visual%20%281%29.jpg
[5] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20CRB%20Process%20Visual.jpg
[6] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20Sexual%20Misconduct%20CRB%20Process%20Visual.jpg
[7] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20Admin%20Hearing%20Process%20Visual.pdf
[10] https://handbook.hampshire.edu/node/40
[11] https://handbook.hampshire.edu/node/3
[12] http://www.hampshire.edu/studentlife/crb.htm
[13] https://handbook.hampshire.edu/node/161