Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.
The formal resolution process comprises two methodologies for reviewing and addressing alleged violations of community standards and College policies. Student(s), student organizations, or athletic teams participate in a one-on-one administrative hearing with a community standards administrator or a hearing convened by the Community Standards Review Board (CSRB). Reported violations of the sexual misconduct, relationship violence, and stalking policy [1] will be addressed and review based on the process outlined in that policy.
Both hearings seek to review, address, and resolve incidents and matters of alleged violations of community standards and consist of the following:
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 [2] for more information.
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 [3] for more information.
In circumstances where a report is submitted, and there is reasonable cause to modify the process, including but not limited to before commencement when a student is a candidate for graduation, the Dean of Students Office and Office of Community Standards and Student Accountability will use their discretion to determine the appropriate process for resolution while maintaining the rights [4] afforded to all students, student organizations, or athletic teams in the community standards process.
Suppose a student leaves the College for any reason while the formal or informal resolution process is underway. In that case, the Dean of Students Office and Office of Community Standards and Student Accountability have the authority to determine whether or not the process should continue or be held should the student return or be readmitted to the College.
A trained community standards administrator within the Dean of Students Office, Office of Community Standards and Student Accountability, and Office of Residence Life will meet with students, student organizations, or athletic teams to discuss reported alleged violations of community standards. Administrative Hearings are one of two methods used within the formal resolution process to review and address matters and incidents of alleged violation(s) of community standards.
Students assigned an administrative hearing for an alleged policy violation will be notified of the administrative hearing and the formal resolution process by the Dean of Students Office and the Office of Community Standards and Student Accountability. The email will inform the students(s), student organization, or athletic team of the following:
The alleged community standards violations and any reports reviewed and presented at the hearing will be available 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:
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, 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 [5].
Any complaints or appeals relating to a violation of the sexual misconduct, relationship violence, and stalking policy [1] and other violations of Standards for Student Accountability [6]that are alleged to have occurred as part of the same circumstances as the sexual misconduct, relationship violence, and stalking policy complaint, shall proceed per the procedures outlined in the sexual misconduct, relationship violence, and stalking policy.
The Community Standards Review Board (the “board” or the “CSRB”) hears alleged violations of community standards involving Hampshire College students and makes determinations regarding matters of fact surrounding specific incidents and matters and makes findings of whether a student, student organization, or athletic team violated community standards and if students are founds responsible, determines accountability measures as part of an individualized accountability and community restoration plan [7]. This determination of accountability measures takes into account, as appropriate, any mitigating, extenuating, and/or aggravating circumstances discovered in the course of the board’s review.
The board is active during the academic year, until the final day of the Hampshire College advising/progress review period each semester. The board is not in session during College breaks and holidays. Complaints referred to the CSRB when the board is not in session, or filed within a timeframe that does not allow them to be heard while the board is in session, may be referred to the Dean of students Office and Office of Community Standards and Student Accountability, for the matter to be addressed and resolved by an administrative hearing or, at the discretion of the Dean of Students Office and Office of Community Standards and Student Accountability, postponed to the next session of the board.
For reports of violation of the Sexual Misconduct, Relationship Violence, and Stalking Policy [1] and other violations of Community Standards and Policies [8] that are alleged to have occurred as part of the same circumstances as the Sexual Misconduct, Relationship Violence, and Stalking Policy complaint, a separate investigation process, which may lead to a hearing before a panel made up of members of the CSRB may be convened. For details on investigation and hearing processes through the Sexual Misconduct, Relationship Violence, and Stalking Policy, please see the policy.
Membership
A CSRB will be composed of three (3) trained board members including one (1) faculty, one (1) student and one (1) staff, availability may determine a different composition for the board. Members are invited to serve one-year terms and at the conclusion of the term may have the option, at the discretion of the Dean of Students Office and Office of Community Standards and Student Accountability to return for service on the board. The CSRB is convened and advised by the senior director of student affairs for student retention and success or the director of student affairs for student retention and success or as designated by the dean of students.
Board members receive training before they are permitted to serve on a CSRB. CSRB members appointed to serve on a CSRB hearing will meet with the senior director or director of student affairs for student retention and success before the scheduled hearing to receive a training refresher and re-review their responsibilities and roles on the CSRB. CSRB members must be in good standing with Hampshire College.
For further information about the CRSB and its membership, please contact the Dean of Students Office at deanofstudent@hampshire.edu [9].
In matters where a student, student organization, or athletic team are referred through the formal resolution process to a CSRB hearing, all participants will abide by procedures set by the board and within the Student Handbook and Resource Guide. Some procedures may vary slightly for cases heard under the Sexual Misconduct, Relationship Violence, and Stalking Policy.
Listed below is the general process that takes place during a CSRB hearing:
The failure of the student, student organization, or athletic team or the reporting individual to appear at a hearing does not prohibit the board from addressing and resolving the matter and alleged policy violation. The board will review all available information and will then make a determination if sufficient facts exist to resolve the matter/incident. 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 community standards were was violated by the students, student organization, or athletic team.
The findings and the accountability and community restoration plan [7] determined by 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. standard. The findings, outcome, and accountability and community restoration plan [7], if applicable, are to be communicated in writing by the Office of Community Standards and Student Accountability on behalf of the board members to the student, student organization, or athletic team within three (3) working days after the conclusion of the hearing. In rare circumstances, as deemed appropriate by the CSRB advisor, the hearing board may make a request to the CSRB advisor and the Dean of Students Office for additional time to finalize their decision.
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 [11] if they knowingly lie to the board.
Rights of the Complainant
In addition to the rights and responsibilities in conduct meetings and hearings [4] listed for reporting party in the formal conduct process section, complainants in CRB hearings have the following rights:
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.
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 for a community standards violation if they knowingly lie to the board.
Rights of the Respondent
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.
Links
[1] https://handbook.hampshire.edu/node/40
[2] https://handbook.hampshire.edu/node/47
[3] https://handbook.hampshire.edu/node/44
[4] https://handbook.hampshire.edu/node/114
[5] https://handbook.hampshire.edu/node/115
[6] https://handbook.hampshire.edu/node/43
[7] https://handbook.hampshire.edu/node/48
[8] https://handbook.hampshire.edu/node/3
[9] mailto:deanofstudent@hampshire.edu
[10] https://handbook.hampshire.edu/node/208
[11] https://handbook.hampshire.edu/node/45