The majority of conduct hearings are completed
with an Administrative Hearing Officer. During Administrative Hearings, the
Hearing Officer meets with the accused student to discuss the alleged incident and
corresponding alleged conduct violation. If the accused student accepts
responsibility for the violation, then the Hearing Officer assigns appropriate
sanctions. If the accused student does not take responsibility for the
violation, then the Hearing Officer has the discretion to refer the case to a
College Conduct Council, Gender-Based Misconduct Hearing Panel and Peer Conduct Hearing Panel Procedures
Conduct hearings are closed. Once a hearing has
begun, entering and leaving the hearing is to be restricted by the Chair in
order to maintain the objectivity and privacy of the proceedings. The Chair of the College Conduct Council is
appointed by the faculty Committee on Committees and is one of the three
faculty members on the Council. In the event that the Chair is unable to serve,
another faculty member of the committee may be appointed to serve as chair
during the hearing. The Chair of the Gender-Based Misconduct Panel is the Chair
of the College Conduct Council. In the event that the Chair is unable to serve,
another faculty member of the College Conduct Council may be appointed to serve
as chair during the hearing. In Peer Conduct Hearing boards, the Chair
is the administrative Peer Board Advisor.
All non-academic discipline hearings will be
informal and strict rules of evidence shall not apply. The student(s) in
question shall be notified, in writing, of the alleged charge(s) and of the
date, time, and place of the hearing. Every
effort will be made to set up a hearing within ten (10) working days after an investigation of an incident is
completed; however, factors – such as holiday breaks, end of academic
term, on-going investigation, etc. may prevent the College from meeting this
Advisors The The respondent and
complainant may seek
assistance from an advisor who must be a member of the Hendrix community
(faculty, staff, or student) of the student’s choosing. College conduct
hearings are an internal conduct proceeding; therefore, the advisor may not be an
attorney or anyone outside of the Hendrix community. The advisor may assist the
student in preparation of his or her complaint/response, accompany the student to meetings
related to the complaint, be present during
the hearing, and assist the student during the hearing, but may only may address the hearing
body at the pleasure of the chair of the hearing body.
to the Charge. For each charge, a
student will be asked to enter a plea of Responsible or Not Responsible.
If the student in question accepts responsibility in a minor complaint, an
appropriate College official will determine an appropriate sanction for the
violation. If the student in question accepts responsibility in a major
complaint, the student will have his/her meeting with the College
Conduct Council or Administrative Hearing Officer to determine an appropriate
If the student in
question accepts responsibility in a major gender-based complaint, the student will
have his/her meeting with the Gender-Based Misconduct Panel to determine an
By pleading responsible, the student in question is waiving his or her
right to appeal the merits of the allegation or any procedural matters.
However, students may appeal based on severity of sanctions
Not Responsible Pleas
If the student in question does not accept responsibility, a hearing is
scheduled. In minor complaints, the student in question will have his/her case heard by a Peer Conduct Hearing Panel or an Administrative Hearing
Officer. In major complaints, the College Conduct Council will be
convened. In minor and major gender-based complaints, the
Gender-Based Misconduct Panel will be convened. From this point on the student
in question is assumed not-responsible concerning the charges which have been
leveled against him or her. It is the
responsibility of the College or complainant to provide convincing evidence.
A “preponderance of the evidence” standard will
be used when a hearing body is determining responsibility. This means that the
conduct in question “more likely than not” occurred. In the context of a board hearing, the
accused student will be found to be responsible for the alleged conduct
violation if the hearing board, by majority vote, concludes that the conduct violation
more likely than not occurred based upon careful review of all evidence
Rights in the Process
The student in question have the right to:
- Be charged with a specific violation of College
standards or policies in order to adequately prepare his/her case. Notice of the hearing will be electronically
mailed or delivered via campus mailbox to the student(s) at least three (3) days prior
to the hearing. During the hearing phase of the proceedings, it is the right of
the student to only answer the charges with which he/she has been charged.
The student in question and the complainant have
the right to:
- Be present at the
hearing. However, if either or both the student in question and complainant
fail to appear at the hearing after being properly notified, the hearing may be
held in their absence and a decision rendered accordingly, based on evidence
Present evidence by witness, or by signed
written statement if a witness is unable to attend the hearing. Witnesses appearing before the hearing board
generally must be members of the Hendrix community. Non-members of the Hendrix community
may present written statements pertinent to the charges in question. The Chair
of the hearing board has the discretion to allow witnesses who are not members
of the Hendrix community to appear before the board. It is the
responsibility of the student in question and the complainant to notify their
witnesses of the date, time, and place of the hearing. If witnesses fail to
appear, the hearing may be held in their absence. Evidence must be pertinent to
the charges in question. Character witnesses are not allowed. Evidence is
generally restricted to written reports and witness testimony. The complainant and respondent, along with their
advisors, will be granted access to all
written materials concerning their complaint at least three (3) days prior to
These written materials
may be viewed in the Dean of Students Office. They may not be copied,
reproduced, photographed, or taken out of the Dean of Students Office.
Bring an advisor to the hearing. The advisor
(who must be a current member of the Hendrix community – faculty, staff, or
student) may not participate in examination of witnesses or presentation of
materials or information to the hearing officer/board. The advisor’s role is
limited to providing advice and consultation to the student who is charged with
a policy violation.
- Question all witnesses present at the hearing.
During Gender-Based Misconduct hearings, the accused and the accuser
may direct their questions for each other to the Chair of the hearing board.
- Be informed of the conduct outcome within two
(2) working days of the decision of the hearing board if the complainant is the
victim of a violent crime or or gender-based misconduct. Otherwise, the accused
only will be notified within two working days of the decision of the hearing
The accused student or
the complainant student may submit a written request for appeal to the Vice
President for Student Affairs within three (3) business days after a conduct
decision is rendered. If an appeal is filed, then the other party will be
notified of the appeal, and will receive an update of the final outcome of the
hearing. If no appeal is filed, then the outcome of the hearing is considered
the final outcome.
If the victim is
deceased as a result of the violation, the Dean of Students Office will provide
the results of the conduct hearing to the victim’s next of kin, if so requested
The following procedures
and rights pertain to the college conduct process:
Violations. In most circumstances,
Hendrix College will treat attempts to commit any of the violations listed in
the Student Code of Conduct as if those attempts had been completed.
b. College as Complainant. As necessary, Hendrix College reserves the
right to initiate a complaint, to serve as complainant, and to initiate conduct
proceedings without a formal complaint by the victim of misconduct. In cases in
which the accuser is not a member of the Hendrix community, the College will
serve as the complainant.
c. False Reporting. Hendrix College will not tolerate intentional
false reporting of incidents. It is a
violation of the Student Code of Conduct to make an intentionally false
report of any policy violation, and it may also violate state criminal statutes
and civil defamation laws.
d. Group Action. When members of groups, individuals acting
collusively, or members of an organization act in concert in violation of any
policy, they may be held accountable as a group, and a hearing may proceed
against the group as joint accused students.
e. Amnesty Policy. The Hendrix College community encourages the
reporting of crimes by victims.
Sometimes, victims are hesitant to report to college officials because
they fear that they themselves may be accused of policy violations, such as
underage drinking at the time of the incident.
It is in the best interests of this community that as many victims as possible
choose to report to college officials. To encourage reporting,
Hendrix College pursues a policy of offering victims of crimes immunity from
policy violations related to the incident.
f. Notice of When
Complaint Delivered to Accused Student.
Complainants are notified as to when notice of the complaint is
delivered to the accused student, so as to protect themselves from potential
Order. Students are entitled to seek a
no-contact order that imposes reasonable restrictions on student contact. The
Dean of Students or Associate Dean of Students will issue the no-contact order.
h. Gender-Based Hearing
Panel. Gender-Based complaints are heard
by a four-member panel composed of one faculty member and three staff members. To ensure a prompt process
and hearing, gender-based misconduct complaints are given priority. If during
the course of committing alleged gender-based misconduct, a complainant is
alleged to have committed additional non-gender-based conduct violations, then
the Gender-Based Misconduct Panel may determine responsibility for those
alleged violations along with the alleged gender-based violations.
Advisor/Advocate. Both the respondent
and complainant have the right to an advisor/advocate from the Hendrix
j. List of Witnesses and
Copies of Documentary Evidence. Our
procedures call for an exchange of information between the parties in advance
of the hearing, including an exchange of the complaint and answer, witness lists,
and other written statements that may be available.
k. Right to Advance
Notice of Board Composition and Right to Challenge. All parties to the complaint will receive
advance notice of who will serve on the conduct board or panel and will be
given the right to challenge any member on the basis of actual bias prior to
the hearing (at least 48 hours prior to the hearing). Any challenge will be
decided by the Dean of Students or Associate Dean of Students.
History/Character. All parties to a
complaint have a right not to face questions or discussion of their sexual
history or character unless the hearing chair or administrative hearing officer
determines that such information is highly relevant to determining whether the
policy has been violated.
m. Separate Testimony
Options. Any complainant can request to
give their testimony via alternate means to being in the physical presence of
the person they have accused. Screens
and closed-circuit broadcasts may be permitted, but not to the disadvantage of
the accused student.
n. Right to be Present
for Entire Proceeding. Each party has
the right to be present for all testimony and questioning. Only deliberation is conducted in
closed-session without the parties present.
The respondent is allowed to be present if findings and sanctions are
presented orally at the end of the hearing. The complainant is permitted to be
present during this presentation only in cases involving violence or
o. Right to Present Own
Complaint or Use Proxy. The alleged
victim has the right to present his/her own complaint if they want to, or to
ask the college to stand as complainant in their place.
p. Right to Know Outcome
and Sanctions. If the complainant is a victim of violence or gender-based
misconduct, then the complainant and accused will receive the outcome and
sanctions of the hearing in writing at the same time. In such a case, if
findings and sanctions are presented orally at the end of the hearing, the
complainant is permitted to be present.
q. Right to Appeal. Both
the complainant and the accused have a right to appeal the outcome of a hearing
in gender-based misconduct cases and cases involving violence. The respondent
has the right to appeal in all other cases. The decision rendered during the
appeal is final. There is no appeal of appeals.
r. Right to be Informed
of Respondent’s Review (Appeal) Status.
The parties will be informed by the Dean of Students or Associate Dean
of Students if any of the parties to the complaint requests an appeal.
Jurisdiction of the Student Conduct Process. If
the complainant is a student, but the accused is a Hendrix faculty or staff member,
then the case will be processed by Human Resources. If the accused is a
student, but the complainant is a Hendrix faculty or staff member, then in most
instances the case will be processed through the Student Conduct Process. If
the accusing individual is not a member of the Hendrix community, but the
accused is a Hendrix student, then the case will be processed through the
Student Conduct Process, with the College serving as the complainant. The
Student Conduct Process does not have jurisdiction over non-Hendrix community
members, so it is unable to process cases in which a Hendrix student accuses a
non-Hendrix member of misconduct. However, the Dean of Students office will
assist students in filing complaints with the appropriate officials regarding
this category of accused.
Procedural Rule for Addressing Past Sexual
The past sexual history or sexual character of a
party will not be admissible by the other party in hearings unless such
information is determined to be highly relevant by the Chair. All such information sought to be admitted
will be presumed irrelevant, and any request to overcome this presumption by
the parties must be included in the complaint/response or a subsequent written
request, and must be reviewed in advance of the hearing by the Dean of Students,
Associate Dean of Students, or Chair of the hearing board.
Procedural Rule for Addressing Prior Conduct
While previous conduct violations by the accused
student are not generally admissible as information about the present alleged violation,
the Dean of Students or Associate Dean of Students may supply previous
complaint information to the board, or may consider it if he/she is hearing the
complaint, only if:
The accused was previously found to be responsible or took responsibility;
The previous incident was substantially similar to the present allegation; or
3) Information indicates
a pattern of behavior and substantial conformity with that pattern by the
General Timeline for Conduct Hearings
Actions prior to a student being charged with a
- An alleged incident is reported.
- The Dean of Students Office investigates the allegation.
- The Dean of Students Office determines there is
enough information to charge a student with a conduct violation.
The following provides a general timeline of
events leading to the hearing date:
Day 1- Accused student receives the written conduct
Within 48 working hours from receipt of the charge letter the following occurs:
The accused student should
provide a written statement in response to the charge(s)
The accused student
should ask witnesses to provide a written statement
The complainant should
provide a written statement and ask witnesses to do the same
initial written statements are due to the Dean of Students office
All initial written statements are
processed by the Dean of Students office
Day 5 &
6- The accused student and complainant have 48 hours to review all initial statements, and to provide any additional
written evidence or witness statements.
*The initial statements
submitted cannot be modified or retracted during this time. Any changes in
statements can be presented orally during the hearing, or through written addendums
to the statement if the witness is not present during the hearing.
After 48 hours of review, all written
evidence available for the hearing is finalized. The accused and
complainant will have access to review all final written materials at least 3
working days before the hearing.
7- Either party who wants to
contest the composition of the hearing board must do so to the Dean of Students Office at least 48
hours before the hearing.
Hearing takes place. The hearing will typically take place within 9-10 days of
the end of the investigation.
*This timeline may be modified to allow for an
expedited hearing process only if both the complainant and respondent agree to
the modified timeline.