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 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 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. 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.