In processing sexual misconduct cases, the college is committed to the preservation of the rights of both the accuser and the student in question, including the right to confidentiality insofar as legal requirements and issues of individual and community safety allow, the right to the presumption of innocence, and the right to a fair and timely conduct process.
Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that college administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.
Procedural Provisions for Sexual Misconduct and Other Sensitive Issues
Although in campus hearings legal ideas like guilt and innocence are not applicable, Hendrix College will never assume a student is in violation of college policy. In fact, campus hearings are conducted to take into account the totality of all evidence available, from all relevant sources.
The Department of Education’s Office of Civil Rights has interpreted Title IX to require schools to evaluate evidence of alleged Sexual Misconduct under a “preponderance of the evidence” standard and that is the standard adopted by this policy. A preponderance of the evidence means that the conduct in question “more likely than not” occurred. In the context of a hearing hereunder, the accused student will be found to be responsible for the alleged Sexual Misconduct if the Panel, by majority vote,concludes that such Sexual Misconduct more likely than not occurred based upon careful review of all evidence presented.
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 seven (7) working days after an incident occurs; however, factors – such as holiday breaks, end of academic term, on-going investigation, etc. may prevent the College from meeting this guideline.
The college reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting to the local police.
Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the college reserves the right to impose differing sanctions, ranging from oral warning to expulsion, depending on the severity of the offense. The college will consider the concerns and rights of both the complainant and the person accused of sexual misconduct. Under this policy, any complainant has standing, whether the misconduct occurred in a male-on-female context, or the context is female-on-male, male-on-male, female-on-female or involved multiple students of any gender. The following procedures and rights pertain to the college conduct process:
a. Attempted 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.
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 retaliation.
g. No-Contact 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. Option for a Four Member Panel. Parties to the complaint may request that in lieu of a conduct board hearing, the complaint be heard by a four-member panel composed of at one faculty member and three staff members.The election to use this panel can also be made at the discretion of the Dean of Students or Associate Dean of Students.
i. Right to a Prompt Process and Hearing. Sexual misconduct complaints are fast-tracked, to ensure that Hendrix College provides a prompt response.
j. Advisor / Advocate. All parties to sexual misconduct complaints have the right to an advisor/advocate from the Hendrix community.
k. 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.
l. 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 12 hours prior).
Any challenge will be decided by the Dean of Students or Associate Dean of Students.
m. Sexual 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.
n. 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.
o. Right to be Present for Entire Proceeding. Each party has the right to be present for all testimony and questioning. Only deliberation is conducted inclosed-session without the parties present. If findings and sanctions are presented orally at the end of the hearing, the complainant is permitted to be present.
p. 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.
q. Right to Know Outcome and Sanctions. Whether in writing or informed orally, the complainant has the right to know the outcome and sanctions of the hearing.
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 or Associate Dean of Students if any of the parties to the complaint requests an appeal.
Procedural Rule for Addressing Information about Past Sexual History 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 Dean of Students or Associate Dean of Students. 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:
1)The accused was previously found to be responsible;
2)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 accused student.
Sexual Assault Victim Support Services
Students who are victims of offenses are encouraged to seek support through on-campus and off-campus services. Students may contact the campus Counseling Center on-campus at 501-450-1448 to schedule an appointment with a campus counselor. There is no charge for this service. Students may also choose to contact support agencies off campus which include the following:
Rape Crisis Hotline 501-801-2700 or 877-432-5368
Conway Women’s Shelter Crisis Hotline 866-358-2265
Hope Reinn National Sexual Assault Hotline 800-656-4673