History
The Hendrix College bylaws state that the faculty
shall organize the discipline of the College and are responsible for the
spiritual, moral, social, and intellectual welfare of the students. The
implementation of the conduct process is delegated to the Dean of Students and
his or her staff.
The student conduct process at Hendrix College is
based on an educational model intended to balance the interest of the community
with individual freedoms. Activities
inconsistent with the Hendrix College Student Code of Conduct philosophy are
considered violations and are open to sanctions. Sanctions are intended to
challenge students’ moral and ethical decision-making and to help them bring
their behavior into accord with our community values. When a student is unable to conform his/her
behavior to community expectations, the student conduct process may determine
that he/she should no longer share in the privilege of participating in this
community. Students should be aware that
the student conduct process is quite different from criminal and civil court
proceedings.
Every attempt will be made to hear policy
violations in a timely manner, taking into consideration a student’s right to
due process. There may be times during the year when the Dean of Students or
Associate Dean of Students adjudicates complaints in order to expedite the
process. (Examples may include, but are not limited to: alleged policy
violations that occur prior to the official opening of the College or during
the last week of classes and/or during finals).
All internal procedures used by the hearing bodies must be in compliance
with the policies and regulations set forth in the handbook.
Overview of Conduct Process
An alleged violation of College standards or
policies will first be investigated by an appropriate College official. This
involves meeting with individuals involved in the situation and examining the
circumstances of the complaint. The student in question receives a written
description of the specific alleged violation of College standards or policies
and information regarding the conduct process. Evidence regarding the alleged violation
may be reviewed but not kept by the student.
All reporting documentation remains in the student conduct folder.
The Dean of Students and Associate Dean of
Students reserve the right to remove a student from the campus, restrict access
to campus property or restrict contact with other college community members (no
contact order) prior to a formal hearing if there are concerns for the
student’s emotional or physical welfare or for the well-being of the College
community. On occasions when such action is necessary, a hearing will be held
as soon as possible. Customarily, pending action taken by the College Conduct
Council or pending an appeal, the status of a student and his or her right to
be present on the campus or attend classes will not be altered.
Off-Campus Misconduct: Once
admitted to Hendrix College, students are expected to conduct behavior in
accordance with the policies in the student handbook. In general, the College does not take
disciplinary action for off-campus misconduct.
At the discretion of the Dean of Students, Hendrix students may be
subject to disciplinary proceedings even if those actions take place
off-campus, through electronic media, or even if they take place outside of the
normal academic year when the actions constitute a major violation of College
policy or suggests a danger to the College community. The College may initiate action whether or
not legal action has been taken.
On-Campus Misconduct and the Law Normally,
on-campus misconduct by students will result in conduct action being taken on
campus. On some occasions, however, the College may call on external law
enforcement authorities and assist, as appropriate, these agencies in their
investigation of alleged on-campus criminal activity. Specifically, actions
that cause or threaten serious harm to members of the campus community or that
severely impair the essential functions of the College may require the College
to call upon off-campus authorities. On such occasions, outside authorities
will be summoned only by an official of the College. Students should recognize
that the College is obliged to report to off-campus authorities the commission
of any act that is considered to be a serious crime.
Hearing Procedures
Administrative Hearings
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 Office has the discretion to refer the case to a
hearing board.
College Conduct Council, Gender-Based Misconduct 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 guideline.
Advisors 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 internal conduct proceedings; 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 address the hearing body at the pleasure of
the chair of the hearing body. In Gender-Based Misconduct cases, the respondent and complainant may have an advisor of their choosing.
Responding
to the Charge. For each charge, a
student will be asked to enter a plea of Responsible or Not Responsible.
Responsible Pleas
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 sanction.
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 appropriate sanction.
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 presented.
Student’s
Rights in the Process
The student in question has 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
presented.
• 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 the
hearing. 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.In Gender-Based Misconduct cases, the respondent and complainant may have an advisor of their choosing.
•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 gender-based
misconduct. Otherwise, the accused only will be notified within two working
days of the decision of the hearing board. 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
in writing.
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. 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 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. 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.
i.
Advisor/Advocate. Both the respondent
and complainant have the right to an advisor/advocate from the Hendrix
community. In Gender-Based Misconduct cases, the respondent and complainant may have an advisor of their choosing.
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.
l. 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.
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
gender-based misconduct.
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. 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.
s.
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
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 the Dean of Students,
Associate Dean of Students, or Chair of the hearing board.
Procedural Rule for Addressing Prior Conduct
Violations
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 or took responsibility;
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.
General Timeline for Conduct Hearings
Actions prior to a student being charged with a
conduct violation:
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
charge letter
Day 1-3-
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
Day 3-
All
initial written statements are due to the Dean of Students office
Day 4-
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.
Day 6-
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.
Day 9-
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.
For additional information about the Hendrix Conduct process, visit the Student Handbook.