Formal Resolution Hearing Options

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 [4] afforded to all students, student organizations, or athletic teams in the community standards process.

Suppose a student leaves the College for any reason while the formal or informal resolution process is underway. In that case, the 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.

Administrative Hearing

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:

State the alleged community standards policy violations and the individuals involved.
Provide a statement and links to ensure students, student organizations, or athletic teams are aware of the formal resolution process and their rights and responsibilities as active participants per the Student Handbook and Resource Guide. Students will also be allowed to meet with a community standards administrator in advance to help prepare for the hearing and ask clarifying questions about the process.
Provide copies of written reports received that are being reviewed as part of the hearing.
Notify the student(s) of the date and time of the administrative hearing or a date they need to respond to schedule the hearing.
Notify the student(s) of the community standards administrator assigned to address the matter and determine responsibility.

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:

Review of the community standards process and student rights and responsibilities within the process, which includes an overview of how the hearing will be conducted and the format that will be followed.
Summary of the reports and information submitted to the Office of Community Standards and Student Accountability, Residence Life, and Campus Safety and Wellbeing about the incident and/or matter being addressed and the alleged community standards policy violations that are being reviewed and discussed at the informal resolution meeting.
Opportunity to engage in dialogue and ask clarifying questions about the student(s), student organization, or athletic team involvement and recollection of the alleged policy violation and/or incident/matter being reviewed at the hearing. During the hearing, student(s), student organizations, and athletic teams will be allowed to share whether the information is an accurate portrayal of what occurred and share their perceptions and perspectives, as well as present new information that may not be in the reports or readily available to the community standards administrator.
Written and/or verbal account of witnesses who may have been present but not involved in the alleged policy violation. These witnesses cannot serve as a character reference; instead, they may be brought forth to present unknown or unavailable information based on information shared in reports.
Opportunity to provide a closing statement.

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 [5].

Community Standards Review Board (CSRB) & Hearing

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 [6]. 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.

During a Community Standards Review Board Hearing

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 hearing facilitator will manage hearing proceedings, recognizing persons who may speak and ensuring fair and orderly presentation of facts. Only those CSRB members who hear the entire case may participate in making final decisions and determine sanctions.
All CRB hearing proceedings are audio recorded for use by the College (if needed) during an appeal.
The board members hearing a case, in consultation with the advisor to the board (who is a designated administrator within the Division of Justice, Equity, and Antiracism), will decide what information is admissible. (For information submitted prior to the hearing, the advisor to the board in consultation with the Office of Community Standards and Student Accountability, will decide what information is admissible.)
Persons appearing before the board may be accompanied by a supporter (a current faculty, staff, or student member of the Hampshire College community), but may not be represented by another person or by an attorney. Please see the Support Person Roles and Expectations [7] section for more information.
Witnesses may be removed from the hearing at the discretion of the board, in consultation with the advisor to the board. In no case will the respondent(s) or the complainant(s) be required to leave while information is being given. However, the board may go into executive session at any time, excluding all persons other than the board and its advisor(s) from its deliberations.
The board members hearing a matter may seek additional guidance on the hearing at the discretion of the hearing facilitator, including, but not limited to, College legal counsel or community standards admnistrator, or the Senior Vice President for Justice, Equity, and Antiracism.
Every effort will be made to conclude the hearing at one sitting. The board may choose to extend the hearing to more than one session, especially in complicated cases.
Board members must excuse themselves if they are unable to hear a case with objectivity.
The hearing will be over when the board has determined, through careful examination of all information presented, that it has sufficient information to determine an outcome or that there is insufficient information available to make a determination. Outcomes and findings will be communicated typically within two (2) to three (3) business days after the hearing has concluded.

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 [6] 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 [6], 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.

Reporting Individual Rights & Responsibilities

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 [4] listed for reporting individual in the formal resolution process section, participants in CSRB hearings have the following rights:

The reporting individual shall be provided with a copy of any reports or statements issued to the community standards review board and the student respondent who is alleged to have violated policy.
The reporting individual has the right to know the date of the hearing at least five (5) business days before the hearing.
The reporting individual has the right to request a postponement, which may be granted for reasonable cause by the CSRB advisor or Office of Communtiy Standards and Student Accountability, providing they notify the CSRB advisor at least 36 hours in advance of the scheduled hearing. The request for postponement must be put in writing to the CSRB advisor.
The reporting individual may provide compelling reasons to challenge the participation of any board member; the decision shall be made by the board hearing the case in consultation with the CSRB advisor.
The reporting individual may choose not to answer questions posed by the hearing participants or members of the community standards review board.
The reporting individual has the right to ask questions of the board, respondent, and witnesses (both their witnesses and the reporting individual witnesses). All questions must be directed through the board.
The reporting individual shall be allowed to present witnesses, excluding character references, on their own behalf and to be accompanied by a supporter of their own choice. The supporter shall be a current faculty, staff, or student member of the Hampshire College community.
The reporting individual in any conduct hearing/meeting shall have the right to appeal, as explained in the appeals section [5].

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.

Respondent Rights & Responsibilities

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 respondent shall be provided with a copy of any reports or statements issued to the community standards review board and reporting individual, which includes a list of alleged violation(s) of policy prior to the hearing.
The respondent has the right to know the date of the hearing at least five (5) business days before the hearing.
The respondent has the right to request a postponement, which may be granted for reasonable cause by the CSRB advisor or Office of Community Standards and Student Accountability, providing they notify the CSRB advisor at least 36 hours in advance of the scheduled hearing. The request for postponement must be put in writing to the CSRB advisor.
The respondent may provide compelling reasons to challenge the participation of any board member; the decision shall be made by the board hearing the case in consultation with the CSRB advisor.
The respondent may remain silent during a hearing, but, by doing so, is not immune from a determination of responsibility and accountability measures if applicable.
The respondent has the right to ask questions of the board, reporting individual, and witnesses (both their witnesses and the reporting party witnesses). All questions must be directed through the board.
The respondent shall be allowed to present witnesses, excluding a character reference, on their own behalf and to be accompanied by a supporter of their own choice. The supporter shall be a current faculty, staff, or student member of the Hampshire College community.
The respondent shall be provided a copy of the outcome letter, which may also include an accountability and community restoration plan if the respondent is found responsible for violating community standards.
The respondent shall have the right to appeal, as explained in the appeals [5] section.

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