There are several forms of resolution available, depending on the nature of the incident and the time of the academic year:
Other than as described below, the Dean of Students or designee will determine the most appropriate resolution option to be used in a given case. The Dean of Students or designee will ensure that all investigators, hearing officials, and hearing bodies are appropriately trained to conduct proceedings in a fair, impartial, and timely manner, as set forth in this policy.
Before pursuing the Formal Resolution Process, every reasonable effort should be made to constructively resolve conflict with students, faculty, staff, or administrators. The person impacted should keep a written log that can aid in later investigation and resolution. Whenever possible and safe, the problematic behavior, conflict or misconduct should first be discussed by the impacted person and the person engaged in the problematic behavior, conflict, or misconduct. Members of the College Community are encouraged to consult with Faculty, Staff, Deans, or Human Resources staff to discuss concerns and seek resolution through an informal process. However, informal resolutions are not used when violent behavior is involved or if the parties are reluctant to participate in good faith. College officials will facilitate such conversations, upon request, and monitor them for safety. If informal efforts are unsuccessful, the formal resolution process may be initiated. Either party has the right to end the informal process and begin the formal process at any time prior to resolution. The following are types of informal resolution processes available to the College Community and are not all encompassing. If you are interested in exploring one of these processes, please reach out to the Associate Dean of Students.
Conflict Coaching is a one‐on‐one consultation process designed to assess and develop an individual’s communication skills and conflict management strategies. This can either be in response to a specific conflict or is also available to those who simply want to strengthen their conflict resolution skills.
Facilitated Dialogue is a conversation between two or more people involved in a conflict that is supported and structured by a trained, multiparital facilitator.
Mediation is a more structured form of Facilitated Dialogue where typically two involved parties in a conflict meet with a trained, multiparital facilitator, to discuss the conflict and negotiate an agreement that resolves the conflict.
Shuttle Negotiation is an indirect negotiation between two or more people involved in a conflict. In shuttle negotiation each person in the conflict meets separately with a facilitator to discuss their needs and interests, and the facilitator assists in finding a solution that is acceptable to everyone involved.
Restorative Justice Conferences and Circles
Restorative Justice Conferences and Circles are highly structured processes that are based on and rooted in indigenous practices. Restorative Justice Conferences or Circles provide an opportunity for community members to come together to address harmful behavior in a process that explores harms and needs and a path toward accountability and repair. “Restorative Justice” is a philosophy of justice as well as a specific set of practices that bring together those who experienced harm with those who caused harm, along with the community, to “make things as right as possible.”
Students are always encouraged to take responsibility for their actions and take accountability for any harm done to the College or other community members. Students who choose to accept responsibility for violations of the Student Code of Conduct may forgo an administrative hearing and opt to move through Bears Own Up. Through this method, students work with a Student Affairs staff member to create a plan for them to repair any harm caused by their actions, rebuild trust with those impacted, and make sure no further violations of the Student Code of Conduct occur in the future. The plan must be agreed upon by students and the staff member. If a plan cannot be agreed upon, the matter is referred to an administrative hearing. If appropriate and available, students may participate in an informal resolution process, like a restorative justice circle or conference, as part of the plan. If students complete the plan and all requirements set forth in the plan by all deadlines outlined in the plan, students will not receive any sanctions and the student conduct decision will not be reflected on students’ conduct record. If the plan is not followed or completed, students will be charged either for failure to comply or for their original behavior with the matter being referred to an administrative hearing.
This method is only available for students once per same violation and will not be afforded to students facing possible suspension or dismissal from the college. The Dean of Students or designee has the discretion to decide whether or not a student may opt into this method of resolution.
Through this method, a designated College official reviews the information related to a complaint, determines whether or not a respondent is responsible for each alleged violation, and issues appropriate sanction(s) for any findings of responsibility. This is the most common form of complaint resolution, and a Student Affairs Staff member will serve as the administrative hearing officer for most cases. The Dean of Students may also designate additional hearing officers and may serve as a hearing officer.
In this method, a student is informed of the opportunity and deadline to meet with the hearing officer to:
- Ask questions about the student conduct process.
- Review the complaint of misconduct and other relevant case information, such as the substance of information received from witnesses.
- Respond to the complaint by providing information about the incident and alleged conduct.
- Bring forth witnesses to be interviewed.
- Acknowledge or deny responsibility for the charged violation(s).
- Provide any information related to sanctions (if applicable), including what was learned from the incident or any factors to be considered at sanctioning.
In some cases, a campus investigation may be done prior to the case proceeding to an administrative hearing. If the respondent chooses not to meet with the hearing officer by the given deadline, the hearing officer may proceed with the determination of responsibility and impose any sanctions. Depending on the nature of the case, the hearing officer may place a hold on the student’s account until the student has met with the hearing officer.
Through this process, a hearing panel reviews the case information and issues a determination of the Respondent’s responsibility for each alleged violation and determines what sanctions, if any will be imposed. Hearing panels are composed of five members: three faculty members and two students. Panel members are selected by Faculty election and student government appointment. The Dean of Students or designated College Official has the authority to determine whether an individual is qualified to serve on panel hearings. The Dean of Student’s designated College Official provides training and coordinates the logistics of the panel hearing process, which may include securing or serving as an advisor to the hearing panel. The College reserves the right to have the College’s legal counsel attend a hearing when deemed appropriate. Panel hearings may be recorded at the discretion of the Dean of Students. Recordings will be retained by the institution for the purposes of the appellate hearing body’s review. Recordings retained by the institution are the only official recordings for the hearing. All parties will be notified in advance regarding advisor attendance and hearing recording.
A party may challenge the presence of any member of the hearing panel on the basis of bias or pre-formed judgment. Such challenge shall be presented in writing at least 24 hours before the panel hearing. If the panel member concurs with the challenge, the panel member withdraws from the panel. If the panel member does not concur with the challenge, remaining members of the panel decide whether the panel member should remain on the case. An alternate from the list of eligible faculty or students, as appropriate, will replace any panel member who withdraws or is removed.
In addition to challenge for bias, the student may challenge one member of the panel with no stated reason. This challenge will be transmitted in writing at least 24 hours before the panel meets in order for an alternate be called.
Panel Hearing Process
In order to provide the College with the most effective hearing process, the hearing body/officer reserves the right to adjust procedures as appropriate, including setting appropriate time limits, depending on the nature of the case. The hearing process provides the opportunities for a complainant and/or respondent to:
- Review the available case information.
- Provide perspective on what happened, including providing witnesses to the incident.
- Describe any effects of the incident, including both harm and learning that may have occurred.
Complainants and respondents will be provided a hearing notice at least two days prior to the hearing date. The notice will include the hearing date and time, a description of the hearing procedures, a list of hearing panel members, a statement of charges, and a list of witnesses and documents to be presented at the hearing. The respondent must provide a list of witnesses and documents to be presented at the hearing at least 24 hours prior to the hearing.
The basic hearing agenda consists of:
- Introductions and guidelines from the panel chair or hearing officer
- Review of complaint and statement of charges
- Information shared by the complainant
- Information shared by the respondent
- Information shared by witnesses
- Closing comments from the complainant and the respondent
- Deliberations on responsibility for charges
- Statement of decision
- Deliberations regarding sanctions (if respondent is found responsible)
- Statement of sanctions
During the hearing, questions may be asked by the hearing body at any time. In cases that do not involve alleged violations of threat to personal safety or sexual violence, the complainant and the respondent may be permitted to ask questions directly of each other. The hearing body reserves the right to require that questions be provided in writing instead of asked directly in all other cases if deemed appropriate. In situations where physical safety or reasonable fear for retaliation exists, the College reserves the right to adjust the hearing format, including using technology to allow parties to participate in a manner that preserves physical safety.
Persons knowingly making false statements or misrepresentations to the Hearing Panel will be subject to severe disciplinary action in accordance with the student conduct procedures.
All hearings are closed. A respondent and the respondent’s advisor may be present for all of the information sharing at hearings. In cases involving alleged threat(s) to personal safety, the complainant and the complainant’s advisor also have the right to be present. If an individual chooses not to participate in any part of the hearing, the hearing will continue. The respondent and complainant and their advisors will be excused after closing comments, before the hearing body deliberations.
During deliberations, the hearing body or officer will determine whether the respondent is responsible for each charged violation and what sanctions are appropriate, if necessary. Determinations will use the preponderance of evidence standard as defined above and will be decided by a simple majority vote.
If the respondent is found responsible for any charges, the hearing panel will reconvene the hearing and hear information regarding appropriate sanctioning. The hearing body will review any prior student conduct history only after making the determination that the student is responsible for the charge(s). The respondent and complainant and their advisors will be excused before the hearing body deliberates sanctions.
Within ten academic days of the conclusion of the hearing, the hearing officer or chair will provide a decision letter providing the findings, rationale, and sanctions (if applicable).
This resolution method may be used in very complex cases or where multiple parties or organizations are involved. This method provides the most private form of resolution for both the complainant(s) and respondent(s) and also promotes the timeliest response, depending on the responses of the involved parties and the complexities of the case.
Notice of Outcomes
The Dean of Students or designated College Official will provide the respondent with written notice of the final resolution of charged violation(s) within ten days of the hearing or decision issued by the hearing officer or body. In cases where the conduct may also constitute a crime of violence (as described in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f)) and in cases involving any allegation of gender-based or sexual misconduct, the complainant (or victim) will also receive notice of the outcomes. The written notice includes:
- Each charged violation(s) and the determination of responsibility;
- A rationale of the findings;
- The sanction(s) imposed, if any, and the deadlines or time periods for which the sanctions are in effect;
- A statement of the right to file an appeal and process for doing so;
- Failure to file a request for an appeal within the time below shall be deemed a waiver of the right to an appeal.
College Officials may also receive notice (in all or in part) of the outcomes when there is a legitimate educational reason for such notice, such as when the College Official’s role is necessary for enforcement of the sanction(s).
The College offers the opportunity to appeal student conduct Administrative Hearing, Panel Hearing and Investigative Resolution outcomes. Sanctions are in effect while an appeal is being considered, unless otherwise stated in writing by the Dean of Students. An appeal is not a re-hearing of the case, but an evaluation of whether the ground(s) for an appeal are present and should alter the outcome of the case. Not participating in a conduct process is not grounds for an appeal. Appeals may be requested based only on one or all of the following grounds:
- College procedures were not followed, and the deviance would substantially alter the outcome(s) of the case;
- New relevant evidence was not reasonably available at the time of the hearing and would substantially alter the outcome(s) of the case,
- Severity of sanctions, in cases where the sanction includes suspension or expulsion.
Appeals addressing one or all of the above grounds must be submitted in writing to the Dean of Students within seven days of the sending of the notice of outcomes. If the Dean of Students determines the written appeal has met one or all of the grounds for appeal, an appeal hearing board of elected or appointed members will review all relevant information to the case and provide a response within ten academic days after receipt of the appeal. The appeal hearing board will consist of two faculty and one student who did not serve on the original hearing. If the grounds for appeal are determined to be founded, the hearing board may adjust the finding(s) and/or the sanction(s). The appeal board’s decision is final.
In cases where the behaviors in question may also constitute a crime of violence (as defined in the Clery Act), both the respondent and the complainant have the right to appeal the finding(s) of responsibility and/or sanctions based on the above criteria. If an appeal is received, the other party will be notified of the receipt of the appeal, the grounds upon which the appeal has been sought, and of the opportunity to provide information for consideration by the appeal hearing board no later than ten days from the receipt of the appeal. In these cases, the appeal hearing board will have an additional ten days to provide a response.
Student Organization Misconduct
Student organizations alleged of misconduct may proceed through one of the resolution methods outlined in this Code, and they may also be referred to the Office of Leadership Development and Student Activities for administrative review and response in lieu of or in addition to the student conduct process.
Incidents Involving Multiple Students
In incidents where multiple students have been alleged of misconduct, the Dean of Students or designee will determine the best form of resolution that balances the protection of privacy of students’ records as well as the institutional resources available to provide a timely and fair resolution.
Students with Special Relationships to the College
Students who are athletes, student leaders, student workers, or hold other unique relationships with the college whose behaviors violate the Student Code of Conduct may also face consequences outside of the student conduct process if their behaviors violate NCAA guidelines, Office of Leadership Development and Student Activities processes, employment expectations, or other such standards. Employees who enter into a relationship with the College as students and whose alleged misconduct occurs in the context of the relationship as a student may also be held accountable through the student conduct process. In those cases, Human Resources may be consulted to ensure there are no conflicts with employee contracts or Human Resources procedures.