Outcomes & Accountability and Community Restoration Plan

DETERMINING OUTCOMES & DECISION-MAKING PROCESS

Outcomes are what are determined as a result of the formal or information resolution process. If a responsible outcome is determined, students will be assigned an accountability and community restoration plan. These plans are comprised of accountability measures that focus on addressing behavior and actions utilizing an accountability framework that is centered around providing care and support for individuals and the campus community, engaging in educational opportunities and dialogues, and participating in transformative experiences and interactions.

The standard used at Hampshire College and other colleges and universities across the country to determine whether or not a student is responsible for a community standards violation is ‘preponderance of evidence’. Preponderance of evidence means that based on the information available to the staff member addressing the violation or the community standards review board (CSRB) that the reported actions more likely occurred than not. Determining responsibility is also called determining a finding, and a designed staff member or CSRB will either come to a finding of “responsible” or “not responsible" based on the information presented at the time the matter is address either through the informal or formal resolution processes.

The college's method of addressing student accountability and use of preponderance of evidence is different from criminal proceedings where the standard is 'beyond a reasonable doubt'. The community standards process is not a criminal proceeding, and the terms “guilty” or “innocent” are not used. Students are not considered "responsible" until an informal or formal resolution meeting has occurred[1], however interim administrative actions [1] may be put in place at the discretion of the Office of Community Standards and Student Accountability until alleged policy violations or community concerns can be address through the community standards process.

ACCOUNTABILITY & COMMUNITY RESTORATION PLANS

Accountability measures are assigned as part of a students accountability and community restoration plan when they are found responsible for a community standards policy violation. Some accountability measures are assigned that provide notice to a student and others may require students to complete specific assignments and engage in educational opportunities and interactions. Accountability measure definitions can be found in the accountability measures [2] section.

Some community standards violations have accountability measure guidelines defined within the policy. For policies that do not have specified guidelines, designated staff members or the CSRB will consider the outcomes in similar cases as well as any previous community standards violations that students may have been involved in within the past. In determining whether or not a student’s behavior and actions meets the expectations defined in the Student Handbook and Resource Guide, a “reasonable person” standard may be applied. The term “reasonable person” takes on a different meaning, often depending upon the situation at hand. The reasonable person standard compares an individual’s behavior in a situation with the behavior of a hypothetical reasonable person in the same set of events. This is not the standard used for determining responsibility in a situation, however the reasonable person standard may be considered in determining an accountability and community restoration plan when a student is found responsible for a community standards policy violation.

COMPLETING ACCOUNTABILITY & COMMUNITY RESTORATION PLANS

Students who do not complete their assigned accountability measure(s) by the deadlines provided may have a community standards hold placed on their student account and will be referred through the informal or formal resolution process for a community standards violation of the Mandated Response and Action Policy [3]. If a student is determined to be responsible for failing to comply with the Mandated Response and Action Policy [3], they will be assigned additional accountability measures with the goal of addressing their behavior, action, or inaction.

If a student leaves the College for any reason before completing their accountability and community restoration plan, the Division of Justice, Equity, and Antiracism (JEA) and office of community standards and student accountability have the authority to determine next steps; which typically consists of students being required to complete their accountability and community restoration plan upon return to the College.

If a graduating student has not fulfilled their accountability and community restoration plan, a notation will be made on a student's record in JEA and depending on the severity of the situation the student’s degree may be withheld and official transcripts may not be released. In this type of situation, the student will be issued an unofficial transcript, which will be stamped “issued to student” and “outstanding obligation.” Transcripts will not be issued to third parties.

[1] Except in cases of minor violations of policy and failure to comply with completion of accountabilitty measures where students may receive an outcome letter without a meeting with a designated staff member. Opportunity for a conversation with a designated community standards administrator is still available.

Accountability Measures

The following are the categories from which students who go through the informal or formal community standards resolution process and are found responsible will be assigned accountabilty measures as part of the accountability and community restoration plan. This list is not exhaustive and other accountability measures may be assigned, discussed, and mutually created. Accountability measures can be assigned or combined with other accountability measures and in some cases, in addition to accountability measures students may receive reccomendations for resources to connect with at Hampshire College. Click on each of the accountability measure types below for more detailed descriptions of specific accountability measures.

General Accountability Measures [4]: Typically students will receive one or a combination of the following accountability measures for violation of community standards (see Alcohol & Other Drug Accountability Measures section for educational and restorative accountability measures specific to alcohol and other drugs). Depending on the severity of a violation or if multiple violations occurred, additional accountability measures may also be applied from any of the accountability measures sections.

Alcohol and Other Drug Accountability Measures [5]: Typically students will receive one or a combination of the following accountability measures for community standards violation of the Alcohol and Other Drug policies. Depending on the severity of a violation or if other types of violations occurred in addition to an alcohol and other drug violation, additional accountability measures may also be applied from any of the accountability measures sections.

Housing Accountability Measures [6]: Housing accountability measures apply only to students who live on campus and may be combined with additional accountability measures from any of the accountability measures sections.

Deferred Status Accountability Measures [7]: Deferred accountability measures give students an opportunity to change their behavior or actions, while under guidance from teh college, before a higher level accountability measures is assigned. Depending on the severity of a violation or if multiple violations occurred, additional accountability measures may also be applied from the other accountability measures sections. It is not a requirement of the informal or formal community standards resolution process that a student receive a deferred status accountability measure prior to other accountability measures.

Disciplinary Status Accountability Measures [8]: Disciplinary status accountability measure are the only types of accountability measures that result in a student not being in good disciplinary standing with the College. Depending on the severity of a violation or if multiple violations occurred, additional accountability measures may also be applied from the other accountability sections. It is not a requirement of the community standards process that a student receive a deferred status accountability measure prior to a disciplinary status accountability measure.

Disclosure of Outcomes and Accountability and Community Restoration Plans

The results of informal and formal community standards resolution meetings and hearings are subject to the Family Educational [9]Rights and Privacy Act (FERPA) [9] and can be disclosed only in accordance with the Act. Under FERPA [9], a school may not ordinarily disclose a student’s community standards records to any third party unless the student has provided written consent. Hampshire College may notify the parents/guardians of students when a student’s enrollment at the College is subject to change due to any behavioral situation or College policy violation. Parental notification may also be utilized by administrators when permitted by FERPA.

If a student chooses to provide written consent for disclosure of information they may do so be submitting an email requesting to do so to the Office of Community Standards and Student Accountability at deanofstudents@hampshire.edu [10]. FERPA [9] does permit disclosure of the final results of a community standards meeting and/or hearing to the victim or to the reported victim’s next of kin, when appropriate, of any crime of violence or non-forcible sex offense regardless of whether the institution concluded a violation was committed. An institution may also disclose to anyone—not just the victim—the final results of a community standards meeting and/or hearing if it determines that a student is an alleged perpetrator of a crime of violence or non-forcible sex offense, and with respect to the allegation made against them, the student has committed a violation of the institution’s rules or policies. Under the Student Right-to-Know and Campus Security Act, the College is required to disclose the results of a conduct or hearing to the victim, when the proceedings involve a sex offense.

Members of the community standards review board [11] are not to discuss situations or matters outside of a hearing. Information submitted in hearings will be maintained in private files (as part of a student’s education records) by the College for a period of seven (7) years and then destroyed or no longer reported with the exception of suspensions and expulsions, which remain a permanent part of a student's educational record.

Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.