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 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 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.
- Before the hearing begins, the respondent 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 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 Norms of Community Living and Policies.
- The respondent 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.