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 if they knowingly lie to the board.
Rights of the Complainant
In addition to the rights and responsibilities in conduct meetings and hearings listed for complainants in the formal conduct process section, complainants in CRB cases 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 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.
- Before the hearing begins, the complainant shall have the right to request a Dean’s Hearing in place of the CRB hearing. The decision to accept to the request shall be made by the CRB advisor who may consult with the dean of students office. The Dean of Students Office also has the right to determine a case be heard as a dean's hearing in place of a CRB hearing without a request being made by the complainant. A Dean's Hearing held in place of a CRB hearing will follow the CRB timelines and procedures.
- 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.
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.