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 [4] may be put in place at the discretion of the Office of Community Standards and Student Accountability until alleged policy violations or community concerns can be address through the community standards process.

ACCOUNTABILITY & COMMUNITY RESTORATION PLANS

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

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

COMPLETING ACCOUNTABILITY & COMMUNITY RESTORATION PLANS

Students who do not complete their assigned accountability measure(s) by the deadlines provided may have a community standards hold placed on their student account and will be referred through the informal or formal resolution process for a community standards violation of the Mandated Response and Action Policy [5]. If a student is determined to be responsible for failing to comply with the Mandated Response and Action Policy [5], 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. 

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 [14]), 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 [15] section.

1. Appeals of procedure and/or appeals of accountability and community restoration plans by the students and/or the reporting individual must be submitted in writing within five (5) working days after written notification of the outcome and must meet the criteria below to be accepted.[1] A late appeal will not be accepted.

• Appeals based on procedural grounds must outline a material procedural error that substantially impacted the outcome. 
• Appeals of sanctions must outline why the accountability and community restoration plans is substantially disproportionate to the violation.  An appeal of the assigned accountability measures should also detail any alternate accountability measures the student, student organization, or athletic team would suggest as more appropriate and that align with the violation.

2. Appeals of removal from housing, suspension, or expulsion
   (a) Students removed from housing, suspended, or expelled must vacate housing within the time frame specified in the outcome letter (typically within 48 hours, however this may vary at the discretion of the College).
   (b) If a student intends to appeal a removal from housing, suspension or expulsion, a written intent to appeal must be submitted within 48 hours of the decision. The intent to appeal must include a summary of the grounds for the appeal.
   (c) If an intent to appeal is submitted in the specified timeframe, the student may be permitted to remain in housing, at the discretion of the Office of Community Standards and Student Accountability, for the duration of the appeals period until an appeal decision is made. A late intent to appeal does not exclude an student from the appeals process, but does mean they will not be permitted to remain in housing during the appeal period. If an appeal is denied, the original accountability and community restoration plan and its assigned accountability measures will be effective immediately unless otherwise specified by the Office of Community Standards and Student Accountability.
   (d) If a student submits an intent to appeal and a full appeal is not submitted by the appeal deadline, additional accountability measures may be applied and may include suspension, expulsion, transcript holds, and permanent trespass from the College.
   (e) Additional details regarding how to submit an appeal, intent to appeal, and submission deadlines for the appeal process will be included in the outcome letter.
3. Appeals may be heard by an assigned administrator within the College. This individual will have appropriate training and experience to serve as an impartial decision-maker. Whether heard by an administrator or panel, appeals are only reviewed in writing and the students(s) do not appear in person. The student may be asked to meet in person to review the outcome of the appeal. 
4. After an appeal is submitted, the student, student organization, or athletic team and the reporting individual will be informed who will review their appeal and who is their assigned appeal administrator.
5. If a student or reporting individual does not plan to appeal, they still have the right to submit a letter to have their perspective included in the event that the other individuals appeals. Deadlines for submitting a letter will be included in the outcome letter and will likely follow the same timeline as the deadline for appeal.
6. In all cases of an appeal, the Office of Community Standards and Student Accountability shall review the appeal and pertinent facts relative to the appeal, determine if further investigation is warranted, and render a decision. The administrator or panel will make a determination based on the written record.  Appeals are not intended to be a de novo review, i.e., they are not intended to be a review from the beginning. The appeal administrator's responsibility in reviewing an appeal includes: 
   (a) affirming the findings;
   (b) altering the findings only where there is clear error based on the stated appeal grounds; or 
   (c) altering the accountability and community restoration plan only where there is clear evidence that the accountability measures were substantially disproportionate to the violation.
7. If a situation requires further investigation an additional appeal option may apply after a new decision is rendered.
8. The original accountability and community restoration plan will be in effect throughout the duration of the appeals process unless otherwise specified in the outcome letter. The accountability measure will be altered only if and when the student is informed by the Division of Justice, Equity, and Antiracism (JEA) that such a decision has been made.
9. In the rare event that the Senior Vice President for Justice, Equity, and Antiracism serves directly as the communtiy standards meeting administrator, the appeal will go directly to the President of the College or other designee of the President.

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.

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 [17]. 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 studentsuccess@hampshire.edu [18].

For further information regarding FERPA [17] and Hampshire College FERPA and Privacy of Records [19].

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.

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 Student Success and Engagement.

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 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 [20] 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 student conduct process.

A request for accommodation [21] must be made to the office of accessibility resources and services (OARS). OARS may consult with the Division of 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 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 Senior Vice President for Justice, Equity, and Antiracism 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 [22]. 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 [22]. 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).

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.