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Reporting Party Rights & Responsibilities

 

Responsibilities of the Reporting Party
The reporting party 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 reporting party appearing. The reporting party must be truthful. The reporting party 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 reporting party in the formal conduct process section, complainants in CRB hearings have the following rights:

  • The reporting party shall be provided with a copy of any statement submitted to the community review board by the respondent.
  • The reporting party has the right to know the date of the hearing at least five (5) business days before the hearing.
  • The reporting party 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 reporting party 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 reporting party may choose not to answer questions posed by the respondent or members of the community review board.
  • The reporting party has the right to ask questions of the board, respondent, and witnesses (both their witnesses and the reporting party witnesses). All questions must be directed through the board.
  • The reporting party 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 reporting party 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.