The formal resolution process is a method by which Hampshire College reviews and addresses alleged violations of one or more community standards and/or College policies. The formal resolution process process is typically reserved for matters that include, but are not limited to:
- Multiple or repeat policy violations
- Incidents and violations that have caused significant harm or community disruption
- Failure to comply findings regarding non-completion of a previously assigned accountability and community restoration plan/measures
- Policy violations that could result in possible loss of on-campus housing
- Standards for Student Accountability violations that could initiate a possible separation of a student from Hampshire College (such as suspension or expulsion)
The College and its appointed community standards administrators are given the discretion to determine if an alleged community standards violation is processed through the formal or information resolution process. The Dean of Students Office and Office of Community Standards and Student Accountability may elect to refer the matter immediately through the informal resolution process based on available information. Different from the informal resolution process, students referred through the formal resolution process will not be given the right or ability to request that the matter be reviewed through the informal resolution process. Reported violations of the sexual misconduct, relationship violence, and stalking policy will follow a process outlined in that policy.
A student, student organization, or athletic team assigned to attend an administrative hearing as part of the formal resolution process may elect to forego the administrative hearing and request to have the matter reviewed and addressed through a community standards review board (CSRB). Unlike administrative hearings, students(s), student organizations, or athletic teams assigned to have the matter reviewed and addressed through a CSRB do not have the option to request that the matter be addressed through an administrative hearing versus a CSRB.
Two methods exist to address alleged community standards violations and determine whether a student is responsible or not within the formal resolution process:
- Administrative Hearing: Matters and the alleged policy violations are reviewed, discussed, and conducted in a hearing with a designated community standards administrator within the Dean of Students Office and Office of Community Standards and Student Accountability. The designated community standards administrator will oversee the hearing and make a final decision based on information presented from all reports and individuals involved. See Administrative Hearing for more informatio
- Community Standards Review Board (CSRB): Matters and alleged policy violations are reviewed, discussed, and conducted before a three-member Community Standards Review Board (CSRB) consisting of one of each of the following representatives: student, faculty, and staff members. See Community Standards Review Board and Hearing for more information.
FORMAL RESOLUTION PROCEDURE
Formal resolution consists of students, student organizations, or athletic teams attending a hearing with an appointed community standards administrator or a Community Standards Review Board (CSRB). Students can have a support person present throughout the formal and informal resolution processes. The hearing will be convened to review the matter and to discuss and determine if a student is responsible for an alleged community standards violation. Students found responsible will be assigned an accountability and community restoration plan if warranted.
Before a hearing, the student(s), student organization, or athletic team will be allowed to meet with a community standards administrator to ask questions and ensure they are prepared for the hearing and understand the format that will be followed in the formal resolution process. The alleged community standards violations and any reports that will be reviewed and presented at the hearing will be avaliable to the students, student organization, or athletic team at least seven (7) working days before the hearing. These reports may have information redacted if FERPA, HIPPA, or other federal and state laws and regulations protect the information included. Students, student organizations, and athletic teams will be given at least seven (7) days notice of the hearing and provided information about their rights and responsibilities and an overview of the process.
At the hearing, the following information will be discussed and reviewed to determine if a student is responsible for a community standards violation:
- Review of the community standards process and student rights and responsibilities within the process, which includes an overview of how the hearing will be conducted and the format that will be followed.
- Summary of the reports and information submitted to the Dean of Students Office and Office of Community Standards and Student Accountability about the incident and/or matter being addressed and the alleged community standards policy violations that are being reviewed and discussed at the informal resolution meeting.
- Opportunity to engage in dialogue and ask clarifying questions about the student(s), student organization, or athletic team involvement and recollection of the alleged policy violation and/or incident/matter being reviewed at the hearing. During the hearing, student(s), student organizations, and athletic teams will be allowed to share whether the information is an accurate portrayal of what occurred and share their perceptions and perspectives, as well as present new information that may not be in the reports or readily available to the community standards administrator.
- Written and/or verbal account of witnesses who may have been present but not involved in the alleged policy violation. These witnesses cannot serve as a character reference; rather, they may be brought forth to present unknown or unavailable information based on information shared in reports.
- Opportunity to provide a closing statement.
Based on the information presented, reviewed, and discussed within the formal resolution process at the hearing, the appointed community standards administrator or CSRB members will decide whether a student, student organization, or athletic team is responsible for violating one or more community standards and College policies. The community standards administrator or CSRB will communicate their findings to the students, student organization, or athletic team within at least two (2) to three (3) working days of the date the hearing occurred unless notified additional time is needed to review the matter further. In that case, an updated timeline related to the date the decision will be made will be communicated to the students, student organization, or athletic team. The findings and outcome will be shared verbally in a follow-up meeting with a community standards administrator and in written notice by email. If found responsible, the student(s), student organization, or athletic team will be assigned accountability measures as part of their accountability and community restoration plan.
Student(s), student organizations, or athletic teams who do not schedule a hearing or fail to show up to their scheduled hearing, will have the matter reviewed and resolved in their absence. In this circumstance, the outcome of the formal resolution process will be communicated in writing by email within two (2) to three (3) days of the scheduled hearing.
Student(s), student organizations, and athletic teams who are found responsible have the right and ability to submit an appeal within five (5) working days from the date they received formal notification by email per the appeals process.
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