You can choose to report the incident to Conway
Police Department (911 or 501-450-6120), Hendrix Public Safety (450-7711), the Hendrix Dean of Students Office
(450-1222), and/or to a Hendrix counselor (450-1448) or chaplain (450-1263).
The decision whether to report, and to whom to report, is always left to the
The Dean of Students Office will assist you in
reporting the incident to local police if you would like to do so. Reporting to
the Conway Police Department does not interfere in your right to pursue conduct
charges at Hendrix.
Confidential Reporting Options
You can also choose to not report the incident to
the local police, but to report it to Hendrix Public Safety or confidentially
to the Dean of Students Office. Reporting the incident does not mean you have
to pursue conduct charges. That will be your choice.
Anonymous Reporting Options
If you want to talk about the incident, but do
not want to report it to the Dean of Students Office, then you can speak with a
Hendrix counselor or chaplain.
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
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.
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
Conway Women’s Shelter Crisis Hotline
Hope Reinn National Sexual Assault Hotline 800-656-4673
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:
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
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. 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
Advisor/Advocate. All parties to sexual
misconduct complaints have the right to an advisor/advocate from the Hendrix
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.
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 in
closed-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 Appeal. Both
the complainant and the accused have a right to appeal the outcome of a
hearing. The decision rendered during the appeal is final. There is no appeal
s. 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.
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:
The accused was previously found to be responsible;
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