Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.
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 is typically reserved for matters that include, but are not limited to:
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 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 Title IX grievance policy [1]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 Office of Community Standards and Student Accountability or Residence Life. 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.
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 available to the students, student organization, or athletic team at least seven (5) business 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 (5) business 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) business 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) business 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 [4].
Students, student organizations, and athletic teams in all types of hearings have the right to:
Reporting Individual Rights
Students, faculty, and staff who report an alleged community standards policy violation have the right to request to be active participants in matters and incidents in which their rights may have been violated through conversation with the community standards administrator reviewing the matter and through the Community Standards Review Board (CSRB) [3] should the individual reporting the community standards violation choose that option. Rights for the reporting individuals specific to CSRB hearings are listed in that section. Administrative hearings do not involve active participation by the reporting party during the meeting, however, a community standards administrator may choose to contact a reporting individual for further information in determining their findings.
Additional Rights and Responsibilities
Depending on the alleged violation and the process for which the incident and/or matter is being addressed and resolved, the reporting individual and the student(s), student organization, or athletic team may have additional rights. Please review each of the processes - administrative hearing [2], CSRB hearing [3], Title IX grievance policy [1] (NOTE: Title IX cases will be managed by the Title IX Office versus the Office of Community Standards and Student Accountability unless referred by the Title IX Office fo resollution) for a full understanding of rights and responsibilities.
The reporting individual and the student(s), student organization, or athletic team who are alleged to have violated a community standards policy may be accompanied at both informal resolution meetings and formal resolution hearings by one support person who is a current faculty, staff, or student member of the Hampshire College community. For cases involving sexual misconduct, relationship violence, and stalking, please refer to the Title IX grievance policy [1] and Title IX Office at titleix@hampshire.edu.
Multiple support persons may attend any pre- and post-meetings and hearings at the discretion of the community standards administrator facilitating the meeting. Students can identify their support person as a current student, faculty, or staff member at Hampshire College or may request a support person be identified and appointed for them by submitting a written request to the Office of Community Standards and Student Accountability. In the appointment process, a staff member in either office will connect with the student to identify and secure a support person. Additional support persons can be available outside of the meeting and hearing room for consultation during a hearing.
Supporters are expected to respect the rights to privacy of the student they support and any others involved. If a supporter is a responsible reporter, they must still report as required.
During an Administrative Hearing and Informal Resolution Meeting
During an administrative hearing and informal resolution meeting, the supporter's role is to support the student, student organization, or athletic team and play a passive role in the discussion. The supporter may not speak on behalf of a student, student organization, or athletic team nor be disruptive to the hearing or meeting. The primary discussion in a hearing and informal resolution meeting is with the student; however, there may be space for the supporter to ask questions at the discretion of the community standards administrator.
During a Community Review Board Hearing
The supporter's role is to support the student(s), student organization, or athletic team and may not question the other party or any witnesses brought forth in the hearing. The supporter may not speak on behalf of a student, student organization, or athletic team nor be disruptive to the hearing. Supporters are not permitted to talk at a hearing, except to the student, student organization, or athletic team they are supporting, and to state their name and role for an audio record. The student, student organization, or athletic team can request a break if additional time to talk privately with their supporter is needed. A supporter may be required to leave the proceedings if that supporter fails to follow the board's procedures.
For more information on how to prepare to be a support person visit the Student Engagement and Success Office.
Hampshire College is committed to providing appropriate accommodations to students with disabilities so that all students have meaningful access to all College programs and services, including the community standards proess. This includes accommodations provided under the Americans with Disabilities Act (ADA) and related legislation.
All students with disabilities who are involved in the community standards process, including reporting individuals, students alleged to have violated policies, supporters, and witnesses may seek accommodations for any stage of the community standards process, including community standards review board (CSRB) hearings, administrative hearings, informal resolution meetings, incident reviews or investigations, and any pre- or post-hearing meetings.
Any student requesting an accommodation [6] must do so far enough in advance to allow the request to be reviewed and an appropriate accommodation identified and implemented. Although there is no firm deadline beyond which an accommodation cannot be requested, the student will be held accountable for making any request in a timely fashion, and the College may not be able to provide an accommodation which is not requested with reasonable advance notice before the accommodation is needed to allow time for review and implementation. Accordingly, each student seeking an accommodation is strongly encouraged to do so as early as possible in the community standards process.
A request for accommodation [7] must be made to the office of accessibility resources and services (OARS). OARS may consult with the Division for Justice, Equity, and Antiracism (JEA) or designated administrator to determine, based on appropriate legal standards and College policy, what accommodation, if any, is appropriate. The student will be required to provide appropriate documentation from qualified health care professionals to support the request. OARS will make their determination in light of the student’s particular disabilities and the nature of the communtiy standards process, as informed by any consultations, relevant documentation, and relevant previous accommodations provided to the student. Accommodations cannot be applied retroactively; students must arrange for accommodations. The student will be given an explanation of the determination.
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 Title IX violations will be addressed and review based on the Title IX grievance policy [1].
The formal resolution process seeks to review, address, and resolve incidents and matters of alleged violations of community standards and consist of the following methods:
Administrative Hearing: Matters and the alleged policy violations are reviewed, discussed, and conducted in a hearing with a designated community standards administrator within the Office of Community Standards and Student Accountability and Residence Life. 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 Office of Community Standards and Student Accountability will use their discretion to determine the appropriate process for resolution while maintaining the rights [8] 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 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 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 Office and the Office of Community Standards and Student Accountability and Office of Residence Life. 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 (5) business 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 (5) business 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) business 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) business days from the date they received formal notification by email per the appeals process [4].
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 [9]. 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 Office of Community Standards and Student Accountability and/or Office of Residence Life, for the matter to be addressed and resolved by an administrative hearing or, at the discretion of the Office of Community Standards and Student Accountability, postponed to the next session of the board.
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 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 Success and Engagement or the Director of Student Success and Engagement or as designated by the Senior VP for Justice, Equity, and Antiracism (JEA).
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 Success and Engagement 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 Student Success and Engagement.
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.
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 [9] 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 [9], 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) business 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 Office of Community Standards and Student Accountability for additional time to finalize their decision.
Responsibilities of the Reporting Individual
The reporting individual 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 individual must be truthful. The reporting individual is subject to referral to the community standards process if they knowingly lie to the board.
Rights of the Complainant
In addition to the rights and responsibilities in conduct meetings and hearings [8] listed for reporting individual in the formal resolution process section, participants in CSRB 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.
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 [10] 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 [11] 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 [12]. If a student is determined to be responsible for failing to comply with the Mandated Response and Action Policy [12], 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.
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 [13]: 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 [14]: 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 [15]: 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 [16]: 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 [17]: 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.
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 the community standards violation or if multiple violations occurred, additional accountability may also be applied as part of a students accountability and community restoration plan from any of the accountability measures sections.
Behavioral Goal Setting
Students required to engage in behavioral goal setting will meet with a staff member (typically a senior director or other staff member designated by a community standards administrator) to develop clear expectations for behavior in the Hampshire community. This will also provide an opportunity to identify sources of support and resources.
Community or College Service
Students assigned community or college service will complete a project as specified by a community standards administrator or community standards review board (CSRB). A specific number of hours that must be completed may also be specified.
Discussion Circle
Discussion circles are used to provide an opportunity for students to engage with peers who may have violated similar policies to have a discussion with a trained facilitator about how their decisions related to the community standards violation that occurred or other similar experiences impact them and their communities.
Educational Project
Students assigned an educational project will complete a project as specified by a community standards administrator or CSRB.
Restitution
Restitution may be assigned to a student in situations where their action or behavior resulted in property loss or damage and cover the cost to repair or replace property (belonging either to the College or to an individual). The cost of labor in moving, repairing, or replacing an item may be included. The costs assocaited with restitution may be applied to a student’s account.
Fire Safety Review
Students violating minor fire safety policies will be required to review fire safety information including, but not limited to tips, policy, and educational videos.
Impact Interview
Students assigned an impact interview will be required to interview others and write a reflection based on their personal reflection of a topic and the reflection of others. A community standards administrator or CSRB will specify length and other parameters of the assignment.
Loss of Privileges
Loss for a specific period of time, of privileges such as but not limited to participation in recreational activities or athletics, participation in student groups, holding a signer position in a recognized student group, being able to register a party, being able to register an emotional support animal, being able to register a vehicle to park on campus, participation in social events on campus, etc.
Meeting with Administrator
Students may be assigned to meet with a particular administrator so that they may have the opportunity to reflect on their behavior and experiences around a particular community standards violation or topic.
Intentional Avoidance Notice
An Intentional Avoidance Notice (IAN) (formerly referred to as a No Contact Directive) is a written notice from Hampshire College directing a student to refrain from contacting and intentionally avoiding interaction with another student for a period of time. This applies to communications in-person, online, through phone calls, text messages, third party, social media, and other forms of contact, both on-and off-campus while a student with an active IAN (formerly NCD) against them is enrolled at the College. All IANs are issued mutually, which means both students are instructed to refrain from contacting and interacting with one another. Please note, an IAN is not a legal protective order, restraining order, gag order, or any form of legal directive, instead it is a College directive. Students seeking legal action or recourse will need to examine their options with Amherst Police or private legal counsel.
IANs (formerly NCDs) are issued by the office of community standards and student accountability, or under the direction of the Title IX coordinator. IANs (formerly NCDs) may be interim or permanent at the discretion of the issuing administrator. Interim IANs (formerly NCDs) will be reviewed regularly by the College to assess continued need.
If an IAN may have been violated, a report should be made to either campus safety and wellbeing or the Division of Justice, Equity, and Antiracism (JEA). The report will be reviewed by JEA and/or office of community standards and student accountability and if there is enough information to suggest a violation of the IAN may have occurred the student alleged to have violated the IAN will be referred to the informal or formal community standards resolution process. IANs (formerly NCDs) do not become part of a student's community standards record unless a student is found responsible for failure to comply with the terms of the notice or as an outcome of a community standards resolution meeting or hearing. If found responsible for failure to comply with an IAN a student may face further accountabiility measures, which could include, but not limited to, suspension or expulsion from the College.
IANs (formerly NCDs) are not court imposed restraining orders/orders of protection and do not guarantee that designated parties will avoid sightings or passing interactions on the campus, in communal areas (i.e., dining commons, classrooms, etc.), on the PVTA bus system, or in the local community. In some circumstances, a IAN may restrict a student from parts of the campus, such as a specific residence hall or Mod. The College will ensure all students have access to the academic program in compliance with the IAN. It is a student’s right to seek court orders and other legal protective measures that are enforced by the courts through civil or criminal penalties. The College can provide information for students seeking legal protection.
Research/Reflection Paper
Students assigned a research and/or reflection paper will be asked to write about their behaviors and impact on the community. A community standards administrator or CSRB will specify length and other parameters of the assignment.
Ride-a-Long with Campus Safety & Wellbeing
Students assigned a ride-a-long will have an opportunity to see how campus safety and wellbeing operations work. Students will work directly with campus safety and wellbeing to arrange a ride-a-long.
Trespass Order
A permanent order issued by campus safety and wellbeing stating that the person issued the trespass order is no longer permitted on the Hampshire College owned or leased property. Violation of this order may result in criminal prosecution up to and including arrest.
Typically students will receive one or a combination of the following accountability measures for violation of the Alcohol and Other Drug (AOD) community standards and 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.
AOD Discussion Circle
AOD Discussion Circles are used to provide an opportunity for students to engage with peers who may have also violated AOD community standard policeis and to have a discussion with a facilitator about how their decisions related to alcohol or other drug use or other similar experiences impact them and their communities.
BASICS
BASICS is a non-judgmental, non-moralistic harm reduction approach to understanding the role of alcohol and drugs in one's life. It is composed of two individual sessions and is a great way for students to learn more about their relationship with substances. When assigned as a requirement to earn Alcohol and Other Drug Amnesty [18], BASICS is not a part of the student's community standards record. BASICS is administered and managed through Hampshire College Health and Counseling Services.
Brief Intervention
A Brief Intervention is a conversation with a student affairs staff member to discuss alcohol and other drug use and its impact on the individual. When required to earn Alcohol and Other Drug Amnesty [18], a Brief Intervention is not a part of the student's community standards record.
AOD Impact Interview
Students assigned an AOD impact interview will be required to interview others and write a reflection based on their personal reflection related to alcohol or other drug use and the reflection of others. A community standards administrator or CSRB will specify length and other parameters of the assignment.
Online Educational Courses/Workshops
Online courses that are individually tailored modules that provide students the opportunity to examine a variety of key issues such as effects on health, drinking and driving, state-specific laws, alcohol/prescription interactions, marijuana dependence, effects of marijuana, mental health issues, synthetic marijuana, local laws and legalization issues, and legal penalties associated with use. If assigned it comes at no cost to the student and additional instructions are provided.
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 as appropriate for the community standards violation.
Housing Lottery Restriction
A student is not allowed to take part in the housing lottery or may be restricted to residing in a specific residential area. Residence Life will administratively assign the student to an available room after the lottery has ended.
Housing Relocation/Administrative Move
A student will be adminsitratively required to relocate to another housing assignment on-campus. Student preferences will be taken into consideration, but are not guaranteed. Additionally, Residence Life has the ability to reassign a student at any time in accordance with residence life policies.
Removal from Campus Housing
When removed from campus housing, a student may remain an actively enrolled student but is allowed to use only the academic resources of the College. The student is required to live off campus and to use only the buildings and resources necessary to complete academic work. This accountability measure may includes a complete forfeiture of all paid housing fees and may also include forfeiture of any paid dining service fees or meal plan fees; exclusion from the dining hall will be determined at the discretion of the community standards administrator or CSRB.
Deferred status accountability measures give students an opportunity to change their behavior, actions, or inactionos, while under guidance, before a higher level accountability measure is assigned. Depending on the severity of the community standards violation or if multiple violations occurred, additional accountability measures may also be applied from the other accountability measure 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.
Deferred Housing Accountabiility Measures
When a student is assigned the Deferred Housing Accountability Measure it means there is a specific behavior or behaviors that must be corrected or one or more of the following housing accountability measures may result - housing lottery restriction, administrative move, or removal from campus housing. Community standards administrators or CSRBs may impose other housing-related accountability measures other than those listed here based on the nature of the incident.
Deferred Suspension or Expulsion Accountability Measure
When a student is assigned the Deferred Suspension or Expulsion Accountability Measure it means there is a specific behavior or behaviors that must be corrected or immediate suspension or expulsion from Hampshire College may result.
Deferred Restriction or Removal of Privileges Accountability Measure
When a student is assigned the Deferred Loss of Privileges Accountabilitty Measure it means there is a specific behavior or behaviors that must be corrected or a privilege will be restricted or removed.
Deferred Administrative Notice Accountability Measure
When a student is assigned the Deferred Administrative Notice Accountability Measure (formerly known as probation) it means there is a specific behavior or behaviors that must be corrected or an administrative notice accountability measure will be assigned.
Disciplinary status accountability measures are the only types of accountability measures that result in a student not being in good disciplinary standing with Hampshire College. Depending on the severity of the community standard violation or if multiple violations occurred, additional accountability measures may also be applied from the other accountability measure 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 a disciplinary status accountability measure.
Administrative Notice
Administrative Notice (formerly called probation) is given for a specified amount of time as determined by a community standards administrator or CSRB for a particular incident, case, or matter and serves as a formal notification that particular action(s) or behavior(s) are not aligned with the College's community standards, expectations, and values as outlined in the Student Handbook and Resource Guide. A student is considered to not be in good disciplinary standing during the administrative notice period. An administrative notice status may also be paired with other accountability measures depending on the severity of the community standards violation(s) and impact on the community. Students not meeting the expectations of administraive notice may be assigned housing lottery restriction, removal from campus housing, suspension, expulsion, or other accountability measures depending on the severity and nature of the subsequent community standards violation(s) and other circumstances. The College need not assigned administrative notice (formerly called probation) before assigning more severe disciplinary status accountabiliy measures, up to and including suspension or expulsion. Depending on the circumstances, the College may impose further restrictions including but not limited to the following:
Suspension
A suspension is a disciplinary status accountability measure issued for severe violations or after multiple violations of policies. Suspension lasts a specified length of time, as determined by the community standards administrator or CSRB. A student is considered to not be in good disciplinary standing during the suspension period. Suspension becomes a permanent part of a student’s community standards record and is recorded on a student’s transcript as a withdrawal from the College. Suspension will result in notification to parents/legal guardian and College officials in compliance with FERPA regulations.
While a suspension is in effect, the student is prohibited from visiting the College or using any of its resources, attending classes, having contact with an advisor or with faculty, and using community facilities (including the residences). While on suspension, a student is withdrawn from the College and must apply for readmission; refer to the readmission policy [19] for additional details. The College may specify additional conditions for readmission after a suspension. Please be aware that if a suspended student completes course work in another program, the time spent in those courses cannot count as a semester of enrollment upon return to Hampshire College.
In those cases where the Office of Community Standards and Student Accountability determines that a student’s behavior or potential behavior presents a danger to themself or others, that student may be issued interim administrative actions [10].
Expulsion
An expulsion is a disciplinary status accountability measure issued for the most severe violations or after multiple violations of policies. The College severs its association with the individual permanently. The individual is not eligible for readmission. The individual will be permanently trespassed from the Hampshire College owned and leased property. Expulsion becomes a permanent part of a student’s college and community standards record and is recorded on a student’s transcript as a withdrawal from the College. Expulsion will result in notification to parents/legal guardian and College officials in compliance with FERPA regulations.
The results of informal and formal community standards resolution meetings and hearings are subject to the Family Educational [20]Rights and Privacy Act (FERPA) [20] and can be disclosed only in accordance with the Act. Under FERPA [20], 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 studentsuccess@hampshire.edu [21]. FERPA [20] 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 [3] 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.
The student, student organization, or athletic team or reporting individual may appeal the determination by submitting a written appeal within five (5) working days of the date of the outcome letter. The outcome letter is sent to a student's email and will notify the participants to whom they may submit a written appeal. Students, student organizations, or athletic teams have the right to appeal both findings (decision of responsible/not responsible) and accountability and community restoration plans, however findings may only be appealed on the basis of procedural error. Reporting individual have the right to appeal based on procedural error. As reporting individuals are not permitted under FERPA to receive the outcome of a hearing or community standards violation, except in relation to violence and incidents related to Title IX violations (sexual misconduct, relationship violence, and stalking [22]), reporting individuals will only be able to appeal findings (on the basis of procedural error) and accountability and community restoration plans in those instances. The College will share findings and accountability and community restoration plans with the reporting individuals in accordance with FERPA requirements. For appeals of academic integrity violations heard by the CSRB, students and reporting individuals should follow the processes outlined in the ethics of scholarship [23] section.
The assigned appeals administrator will make a final decision within ten (10) working days of receiving the appeal. This timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the review. Any extension of the timeframe, and the reason for the extension, will be shared with the individuals involved in writing. The appeal administrators findings and decision is final.
[1] Appeals may be submitted after the five (5) business day deadline if previously unavailable relevant evidence that could affect the outcome becomes available.
Community Standards Review Board (CSRB) hearings, administrative hearings, informal resolution meetings, nor the incident review, investigation and determination by a hearing board for a sexual misconduct, relationship violence, and stalking policy complaint are a substitute for civil or criminal courts; students pursuing complaints through any of the afore mentioned pathways do not waive their right to pursue external remedies. External proceedings, including both civil and/or criminal actions may not delay internal processes.
The Senior Vice President for Justice, Equity, and Antiracism, the Senior Director for Student Success and Engagement, or designee may assign restrictions and/or separate a student from the community pending the scheduling of an informal or formal community standards resolution meeting or hearing on alleged violation(s) of the Standards for Student Accountability and Norms for Community Living [24]. These restrictions may occur when a student poses a serious threat to an individual or the community, creates a disturbance to the normal operations of the College or educational environment, or to preserve the integrity of an investigation.
Interim actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of an informal or formal community standards resolution meeting or hearing on alleged violation(s) of the Standards for Student Accountability and Norms for Community Living [24]. Students are not considered responsible for violation of policy until such time that a finding of responsibility be determined and the student is notified in writing (via email and/or hard copy).
FERPA requires that schools obtain written permission from students before releasing education records. Exceptions to this include a health or safety emergency, to provide information to schools to which a Hampshire student is transferring, in certain student conduct cases, and in other circumstances described in FERPA [25]. In addition, in well-defined circumstances, some information may be released without written permission from the student. College officials with a legitimate educational interest may also have access to a student's education records without prior consent.
Records pertaining to the informal and formal community standards resolution process and meetings or 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.
If a student chooses to provide written consent for disclosure of information, they may do so by submitting a written request to the Office of Community Standards and Student Accountability by emailing deanofstudents@hampshire.edu [26].
For further information regarding FERPA [25] and Hampshire College FERPA and Privacy of Records [27].
The Five College consortium provides an enhanced learning environment with access to an almost unlimited variety of academic, social, and cultural resources. We are all well aware of the importance of maintaining good relationships among the Five Colleges. For that reason, the Five College deans of students have adopted the following resolution for maintaining standards of conduct at each of their institutions:
If a breach of discipline or good conduct is committed by a student from one of the colleges while visiting another of the Five College campuses, that violation will be treated as though it occurred on the student’s home campus. The student will then be subjected to their own institution’s applicable and appropriate conduct or community standards procedures.
Links
[1] https://handbook.hampshire.edu/node/288
[2] https://handbook.hampshire.edu/node/47
[3] https://handbook.hampshire.edu/node/44
[4] https://handbook.hampshire.edu/node/115
[5] https://handbook.hampshire.edu/node/208
[6] https://handbook.hampshire.edu/node/145
[7] https://www.hampshire.edu/oars/disability-disclosure-and-accommodation-request
[8] https://handbook.hampshire.edu/node/114
[9] https://handbook.hampshire.edu/node/48
[10] https://handbook.hampshire.edu/node/251
[11] https://handbook.hampshire.edu/node/130
[12] https://handbook.hampshire.edu/node/186
[13] https://handbook.hampshire.edu/node/233
[14] https://handbook.hampshire.edu/node/234
[15] https://handbook.hampshire.edu/node/235
[16] https://handbook.hampshire.edu/node/236
[17] https://handbook.hampshire.edu/node/237
[18] https://handbook.hampshire.edu/node/121
[19] https://handbook.hampshire.edu/node/27
[20] http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
[21] mailto:studentsuccess@hampshire.edu
[22] https://handbook.hampshire.edu/node/40
[23] https://handbook.hampshire.edu/node/89
[24] https://handbook.hampshire.edu/node/43
[25] https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
[26] mailto:deanofstudents@hampshire.edu
[27] https://handbook.hampshire.edu/node/28