Questions or comments? Contact the director of the office of student rights and responsibilities, Greg Narleski.
Respondents in all types of hearings have the right to:
Complainant Rights
Complainants have the right to request to be active participants in cases in which their rights may have been violated through conversation with the administator reviewing a case and through the community review board (CRB) [5], should a respondent choose that option. Rights for complainants specific to CRB hearings are listed in that section. Administrative hearings do not involve active participation by complainants during the meeting, however an administrator may choose to contact a complainant for further information in determining their findings. In all cases, a complainant has a right to a timely resolution and the right to appeal on appropriate grounds as explained in the appeals policy [4].
Additional Rights and Responsibilities
Depending on the charges and process for which a case is being administered, complainants and respondents may have additional rights. Please review each of the processes - administrative hearing [6], CRB hearing [5], sexual misconduct, relationship violence and stalking policy hearing [7] section [8] (for cases in which the respondent is also a student, procedures for employee respondent can be found here [9]) - for a full understanding of rights and responsibilities.
Complainants and respondents may be accompanied to hearings by one support person who is a current faculty, staff, or student member of the Hampshire community. For cases involving the sexual misconduct, relationship violence, and stalking policy supporters do not need to be members of the Hampshire College community.
Multiple support persons may attend any pre- and post-hearing meetings at the discretion of the administrator facilitating the meeting. Support persons who are not members of the community may participate in all pre- and post-hearing meetings. Additional support persons can be available outside of the hearing room for consultation during a hearing.
Supporters are expected to respect the rights to privacy of the student they are supporting as well as any others involved. If a supporter is a responsible reporter they must still report as required.
During an Administrative Hearing
The supporter's role during a administrative hearing is to support the student and to play a passive role in the discussion. The supporter may not speak on behalf of a student, nor be disruptive to the hearing.The primary discussion in a hearing is with the student, however there may be space for the supporter to ask questions at the discretion of the administrator.
During a Community Review Board Hearing
The supporter's role is to support the student and may not question the other party or any witnesses. The supporter may not speak on behalf of a student, nor be disruptive to the hearing. Supporters are not permitted to talk at a hearing, except to the student they are supporting and to state their name and role for an audio record. The student 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 procedures of the board.
For more information on how to prepare to be a support person visit the office of student rights and responsibilities.
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 student conduct process. This includes accommodations provided under the Americans with Disabilities Act (ADA) and related legislation.
All students with disabilities who are involved in the student conduct process, including complainants, respondents, supporters, and witnesses may seek accommodations for any stage of the student conduct process, including community review board hearings, administrative hearings, investigations, and any pre- or post-hearing meetings.
Any student requesting an accommodation [10] 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 advanced 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 student conduct process.
A request for accommodation [11] must be made to the office of accessibility resources and services (OARS). OARS may consult with the director of student rights and responsibilities 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 conduct 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 flow charts below show the process for each type of hearing for an alleged conduct violation. In circumstances when an information report [3] is submitted and there is reasonable cause to modify the process, including but not limited to prior to commencement when a student is a candidate for graduation, the dean of students office and office of student rights and responsibilities will use their discretion to determine the appropriate process for resolution while maintaining the rights [12] afforded to all students in the conduct process.
If a respondent leaves the College for any reason while the formal conduct process is underway, the dean of students office and office of student rights and responsibilities 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.
Below you can find visual flow charts for each of our hearing processes.
[13]
Community review board hearing. [15]
Sexual misconduct community review board hearing. [16]
A trained administrative hearing officer will meet with students to discuss reported violations of policy. Administrative hearings [14] are informal meetings with a formal outcome.
Students who come into conflict with the Code of Conduct will receive advance notice of the alleged policy violations, the opportunity to engage in dialogue with the administrator facilitating the meeting, and will be given a minimum of twenty four (24) hours notice to meet. The outcome of this meeting may result in the student being found not responsible, responsible, or if multiple charges have been applied, the student may be found responsible for some violations and not responsible for others.
For students found responsible, sanctions [17] will be applied. Students will receive a written outcome letter within five (5) business days. 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 parties in writing.
Students have the right to appeal decisions determined during a conduct meeting as described in the appeals policy [4].
Any complaints or appeals relating to a violation of the sexual misconduct, relationship violence, and stalking policy [2], and other violations of Code of Conduct [18]that are alleged to have occurred as part of the same circumstances as the sexual misconduct, relationship violence, and stalking policy complaint, shall proceed in accordance with the the precedures set forth in the sexual misconduct, relationship violence, and stalking policy.
The Community Review Board (the “board” or the “CRB”) hears alleged violations involving Hampshire College students and makes determinations regarding matters of fact surrounding specific complaints and makes findings of whether a respondent violated the Code of Conduct, and if finding a violation, determines sanctions. This determination of sanctions 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 CRB 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 for adjudication by an administrative hearing or, at the discretion of the dean of students office, postponed to the next session of the board.
For reports of violation of the Sexual Misconduct, Relationship Violence, and Stalking Policy [2] and other violations of Norms [18]of Community Living and Policies [18] 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 CRB 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 CRB will be comprised 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 CRB advisor, to return for service on the board. The CRB is convened and advised by the director of student rights and responsibilities or other member of the student life staff as designated by the dean of students.
Board members receive an in-depth training at the beginning of each calendar year as well as meet for regular in-service training throughout the academic year. Members joining at times outside of the calendar year will also receive an in-depth training.
For further information about the CRB and membership, visit the CRB website [19].
When a hearing is held by the board, all parties will abide by procedures set by the board and by this document. Some procedures may vary slightly for cases heard under the Sexual Misconduct, Relationship Violence, and Stalking Policy; see the Hearing section [8] under the policy for additional inofrmation.
The failure of the respondent or the complainant to appear at a hearing does not prohibit the board from hearing a case. The board will review all available information and will then make a determination if sufficient facts exist to hear the case. 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 the Code of Conduct was violated by the respondent.
The findings and any sanction(s) from 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 [21]. The findings and sanction(s), if applicable, are to be communicated in writing by the office of student rights and responsibilities on behalf of the board members to the respondent within five (5) business days after the conclusion of the hearing. In rare circumstances, as deemed appropriate by the CRB advisor, the hearing board may make a request to the CRB advisor and the dean of students office for additional time to finalize their decision.
Responsibilities of the Complainant
A complainant 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 complainant appearing. The complainant must be truthful. The complainant is subject to referral to the Formal Conduct Process [22] if they knowingly lie to the board.
Rights of the Complainant
In addition to the rights and responsibilities in conduct meetings and hearings [12] listed for complainants 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 to the Formal Conduct Process [22] 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
Outcomes are what are determined as a result of a administrative hearing or community review board hearing. Outcomes may also include sanctions when a finding of responsibility is determined.
The standard used to determine whether or not a student is responsible for a policy violation is ‘preponderance of evidence’. This means that according to the administrator or board the reported actions more likely occurred than not. Determining responsibility is also called determining a finding, and an administrator or board will either come to a finding of “responsible” or “not responsible.”
This is different than criminal proceedings where the standard is 'beyond a reasonable doubt'. The student conduct process is not a criminal proceeding, and the terms “guilty” or “innocent” are not used. Students are not considered "responsible" until a hearing has occurred[1], however interim administrative actions [23] may be put in place at the discretion of the dean of students office or office of student rights and responsibilities until a hearing occurs.
Assigning Sanctions
Sanctions are actions taken against a student who is found responsible for violation of policy. Some sanctions require students to complete a specific assignment. Sanction definitions can be found in the sanctions [17] section.
Some violations have sanctioning guidelines defined within the policy. For policies that do not have specified guidelines, conduct administrators or boards will consider the outcomes in similar cases as well as any previous disciplinary history the student may have. In determining whether or not a student’s behavior meets the expectations defined in the Student Handbook, 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 appropriate sanctions when a student is found responsible for violation of policy.
Fulfilling Sanctions
Failure to complete a sanction in the allotted time assigned is considered a violation of policy, failure to comply [24]. Further action may be taken in this case.
If a student leaves the College for any reason before completing a sanction, the dean of students office and office of student rights and responsibilities have the authority to determine next steps; typically the student will be required to complete a sanction upon return to the College.
If a graduating student has not fulfilled the sanctions determined by a board or administrator, the student’s degree will be withheld and official transcripts will not be released. 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 sanctions where students may receive an outcome letter without a meeting with an administrator. Opportunity for a conversation with an administrator is still available.
The following are the categories from which students who go through the conduct process will be assigned sanctions. This list is not exhaustive and other sanctions may be imposed. Sanctions can be imposed alone or combined with other sanctions. Click on each of the sanction types below for more detailed descriptions of specific sanctions.
For information regarding our sexual misconduct policy sanctions [25].
General Sanctions [26]
Typically students will receive one or a combination of the following sanctions for violation of policies (see Alcohol & Other Drug Sanctions section for educational and restorative sanctions specific to AOD violations). Depending on the severity of a violation or if multiple violations occurred, additional sanctions may also be applied from any of the sanction sections.
Alcohol & Other Drug (AOD) Sanctions [27]
Typically students will receive one or a combination of the following sanctions for 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 sanctions may also be applied from any of the sanction sections.
Housing Sanctions [28]
Housing sanctions apply only to students who live on campus and may be combined with additional sanctions from any of the sanction sections as appropriate for the violation.
Deferred Status Sanctions [29]
Deferred status sanctions give students an opportunity to change their behavior, while under close observation, before a higher level status is imposed. Depending on the severity of a violation or if multiple violations occurred, additional sanctions may also be applied from the other sanction sections. It is not a requirement of the student conduct process that a student receive a deferred status sanction prior to a disciplinary status sanction.
Disciplinary Status Sanctions [30]
Disciplinary status sanctions are the only types of sanctions 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 sanctions may also be applied from the other sanction sections. It is not a requirement of the student conduct process that a student receive a deferred status sanction prior to a disciplinary status sanction.
Typically students will receive one or a combination of the following sanctions for violation of policies (see Alcohol & Other Drug Sanctions section for educational and restorative sanctions specific to AOD violations). Depending on the severity of a violation or if multiple violations occurred, additional sanctions may also be applied from any of the sanction sections.
Behavioral Goal Setting
Students required to engage in behavioral goal setting will meet with an administrator (typically a dean or other staff member designated by the dean of students) to develop clear expectations for behavior in the Hampshire community. This will also provide an opportunity to identify sources of support and resources.
Community Service
Students assigned community service will complete a project as specified by an administrator or board. 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 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 an administrator or board.
Fines and Restitution
Fines may be issued at the discretion of an administrator or hearing board and are typically assigned to cover the cost of an article unlawfully removed from the College or moved to another location at the College, or they may require restitution to cover the repair or replacement of any property (belonging either to the College or to an individual) that has been damaged or stolen. The cost of labor in moving, repairing, or replacing an item may be included. Fines will 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. An administrator or board 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 violation or topic.
No Contact Directive
A no contact directive (NCD) is an order directing a student to refrain from contacting another student for a period of time. This applies to communications in-person, online, through phone calls, text messages, third party, and other forms of contact, both on-and off-campus while a student with an active NCD against them is enrolled at the College.
NCDs are issued by the dean of students office, office of student rights and responsibilities, or under the direction of the Title IX coordinator. NCDs may be interim or permanent at the discretion of the issuing administrator. Interim NCDs will be reviewed regularly by the College to assess continued need.
If the directive may have been violated, a report should be made to the dean of student’s office. The report will be reviewed by the dean of students office and/or office of student rights and responsibilities and if there is enough information to suggest a violation may have occurred the respondent will be required to attend a conduct meeting. NCDs do not become part of a student's conduct record unless a student is found responsible for failure to comply with the terms of the directive or as an outcome of a conduct meeting or hearing. If found responsible for failure to comply with a directive a student may face a deferred status sanction or disciplinary status sanction including, but not limited to, suspension or expulsion from the College.
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, on the PVTA bus system, or in the local community. In some circumstances, a NCD may restrict a student from parts of the campus. The College will ensure all students have access to the academic program in compliance with the NCD. 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. An administrator or board will specify length and other parameters of the assignment.
Ride-a-Long with Campus Police
Students assigned a ride-a-long will have an opportunity to see how campus police operations work. Students will work directly with campus police to arrange a ride-a-long.
Trespass Order
A permanent order issued by campus police stating that the person issued the order is no longer permitted on the Hampshire College campus. Violation of this order will result in criminal prosecution up to and including arrest.
Typically students will receive one or a combination of the following sanctions for 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 sanctions may also be applied from any of the sanction sections.
AOD Discussion Circle
AOD Discussion Circles are used to provide an opportunity for students to engage with peers who may have also violated the AOD policy and to have a discussion with a trained 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 [31], BASICS is not a part of the student's conduct record.
Brief Intervention
A Brief Intervention is a conversation with a trained student life staff member to discuss alcohol and other drug use and its impact on the individual. When required to earn Alcohol and Other Drug Amnesty [31], a Brief Intervention is not a part of the student's conduct 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. An administrator or board will specify length and other parameters of the assignment.
Under the Influence & Marijuana 101
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.
Housing sanctions apply only to students who live on campus and may be combined with additional sanctions from any of the sanction sections as appropriate for the violation.
Housing Lottery Restriction
A student is not allowed to take part in the housing lottery. The Housing Operations Office will oversee the housing of the student in an available room after the lottery has ended.
Housing Relocation/Administrative Move
A student will be required to move from their housing assignment. The administrator or board assigning the sanction will determine whether the student will then be administratively reassigned or whether the student will be able to submit housing preferences.
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 sanction 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 board or administrator assigning the sanction.
Deferred status sanctions give students an opportunity to change their behavior, while under close observation, before a higher level status is imposed. Depending on the severity of a violation or if multiple violations occurred, additional sanctions may also be applied from the other sanction sections. It is not a requirement of the student conduct process that a student receive a deferred status sanction prior to a disciplinary status sanction.
Deferred Housing Sanction(s)
When a student is assigned the Deferred Housing Sanction(s) status it means there is a specific behavior or behaviors that must be corrected or one or more of the following housing sanctions may result - housing lottery restriction, administrative move, or removal from campus housing. Conduct administrators may impose other housing-related sanctions other than those listed here if appropriate for the violation.
Deferred Suspension or Expulsion
When a student is assigned the Deferred Suspension or Expulsion status it means there is a specific behavior or behaviors that must be corrected or immediate suspension or expulsion may result.
Deferred Loss of Privileges
When a student is assigned the Deferred Loss of Privileges status it means there is a specific behavior or behaviors that must be corrected or a privilege will be lost.
Deferred Probation
When a student is assigned the Deferred Probation status it means there is a specific behavior or behaviors that must be corrected or a Probation status will result.
Disciplinary status sanctions are the only types of sanctions 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 sanctions may also be applied from the other sanction sections. It is not a requirement of the student conduct process that a student receive a deferred status sanction prior to a disciplinary status sanction.
Probation
Probation is given for a specified amount of time as determined by a board or administrator hearing a particular case and serves as a formal notification that a particular behavior or behaviors are unacceptable under the policies set forth in the Student Handbook. A student is considered to not be in good disciplinary standing during the probationary period. A probation status may also be paired with other sanctions depending on the severity of the violation(s) and impact on the community. Students not meeting the expectations of probation may face housing lottery restriction, removal from campus housing, suspension, expulsion, or other sanctions depending on the severity of the subsequent violation(s) and other circumstances. The College need not impose probation before imposing more severe disciplinary status sanctions, 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 sanction issued for severe violations or after multiple violations of policy. Suspension lasts a specified length of time, as determined by the board or administrator hearing a particular case. A student is considered to not be in good disciplinary standing during the suspension period. Suspension becomes a permanent part of a student’s conduct record and is recorded on as 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 [32] 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 dean of students office determines that a student’s conduct or potential conduct presents a danger to themself or others, that student may be issued interim administrative actions [23].
Expulsion
An expulsion is a disciplinary status sanction issued for the most severe violations or after multiple violations of policy. The College severs its association with the individual permanently. The individual is not eligible for readmission. The individual will be permanently trespassed from the campus. Expulsion becomes a permanent part of a student’s conduct 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 hearings are subject to the Family Educational [33]Rights and Privacy Act (FERPA) [33] and can be disclosed only in accordance with the Act. Under FERPA [33], a school may not ordinarily disclose a student’s conduct 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 conduct 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 a conduct records release form [34] to the office of student rights and responsibilities. FERPA [33] does permit disclosure of the final results of a conduct 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 conduct 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 review board [5] are not to discuss cases outside of a hearing. Information submitted in hearings will be maintained in private files (as part of a student’s education records) by the office of student rights and responsibilities under the direction of the dean of students office 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 complainant or respondent may appeal the determination by submitting a written appeal within five (5) business days of the date of the outcome letter. The outcome letter will notify the parties to whom they may submit a written appeal. Respondents have the right to appeal both findings (decision of responsible/not responsible) and sanctions, however findings may only be appealed on the basis of procedural error. Complainants have the right to appeal based on procedural error. As complainants are not permitted under FERPA to receive the outcome of a case except in relation to violence and incidents related to Title IX violations (sexual misconduct, relationship violence, and stalking [2]), complainants will only be able to appeal findings (on the basis of procedural error) and sanctions in those instances. The College will share findings and sanctions with the complainant in accordance with FERPA requirements. For appeals of academic integrity violations heard by the CRB, complainants and respondents should follow the processes outlined in the ethics of scholarship [35] section.
The dean of students office will make a final decision within ten (10) business 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 parties in writing. The dean of students office's 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 review board hearings, administrative hearings, nor the 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 dean of students, director of student rights and responsibilities or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Conduct. 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 a campus hearing on alleged violation(s) of the Code of Conduct. Respondents are not considered responsible for violation of policy until such time that a finding of responsibility be determined and the respondent 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 [36]. 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 Norms for Community Living will be maintained in private files (as part of a student’s education records) by the office of student rights and responsibilities under the direction of the dean of students office 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 be submitting a conduct records release form [34] to the office of student rights and responsibilities.
For further information regarding FERPA [36] and Hampshire College FERPA and Privacy of Records [37].
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 procedures.
Links
[1] https://handbook.hampshire.edu/node/87
[2] https://handbook.hampshire.edu/node/40
[3] https://www.hampshire.edu/student-rights-and-responsibilities/report-an-incident-or-concern
[4] https://handbook.hampshire.edu/node/115
[5] https://handbook.hampshire.edu/node/44
[6] https://handbook.hampshire.edu/node/47
[7] https://handbook.hampshire.edu/node/249
[8] https://handbook.hampshire.edu/node/161
[9] https://handbook.hampshire.edu/node/238
[10] https://handbook.hampshire.edu/node/145
[11] https://www.hampshire.edu/oars/disability-disclosure-and-accommodation-request
[12] https://handbook.hampshire.edu/node/114
[13] https://handbook.hampshire.edu/sites/default/files/handbookimages/Flow%20Chart%20for%20Students%2010-3-16.pdf
[14] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20Admin%20Hearing%20Process%20Visual.pdf
[15] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20CRB%20Process%20Visual.pdf
[16] https://handbook.hampshire.edu/sites/default/files/handbookimages/3%20Sexual%20Misconduct%20CRB%20Process%20Visual.pdf
[17] https://handbook.hampshire.edu/node/130
[18] https://handbook.hampshire.edu/node/3
[19] http://www.hampshire.edu/studentlife/crb.htm
[20] https://handbook.hampshire.edu/node/208
[21] https://handbook.hampshire.edu/node/192
[22] https://handbook.hampshire.edu/node/45
[23] https://handbook.hampshire.edu/node/251
[24] https://handbook.hampshire.edu/node/186
[25] https://handbook.hampshire.edu/node/257
[26] https://handbook.hampshire.edu/node/233
[27] https://handbook.hampshire.edu/node/234
[28] https://handbook.hampshire.edu/node/235
[29] https://handbook.hampshire.edu/node/236
[30] https://handbook.hampshire.edu/node/237
[31] https://handbook.hampshire.edu/node/121
[32] https://handbook.hampshire.edu/node/27
[33] http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
[34] https://handbook.hampshire.edu/sites/default/files/handbookimages/Conduct%20Records%20Release%20Form.pdf
[35] https://handbook.hampshire.edu/node/89
[36] https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
[37] https://handbook.hampshire.edu/node/28