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 hearing board.
Conduct Council 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. In Peer Conduct Hearing boards, the Chair is the
administrative Peer Board Advisor or a representative from the Dean of Students
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 a charge
letter is issued; 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 for College Conduct
Council and Peer Conduct Hearing Panels. College conduct hearings are internal
conduct proceedings; therefore, the advisor may not be an attorney or anyone
outside of the Hendrix community.
to the Charge. For each charge, a student will be asked to enter a statement
of Responsible or Not Responsible. In rare cases in which a student faces
suspension or expulsion, a student may be given the option to enter a statement
of No Contest.
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 a meeting with the College Conduct Council or Administrative
Hearing Officer to determine an appropriate sanction. By making a statement of responsibility,
the student in question waives their right to appeal the merits of the
allegation or any procedural matters. However, students may appeal
based on severity of sanctions.
Responsible Statements. If the student in question does not accept responsibility,
a hearing is scheduled. In minor complaints, the student in question will have their
case heard by a Peer Conduct Hearing Panel or an Administrative Hearing
Officer. In major complaints, the College Conduct Council will be convened.
From this point on, the student in question is assumed not-responsible
concerning the charges which have been leveled against them. It is the
responsibility of the College or complainant to provide convincing evidence.
Contest Statements. If a student is facing suspension or expulsion if found
responsible for a conduct violation(s), then that student may be eligible to
provide a statement of No Contest to the conduct violations. Allowing a No
Contest Statement is at the discretion of the Dean of Students, Assistant Dean
of Students, or Chair of the College Conduct Council. Students who enter a
Statement of No Contest accept the sanctions issued to them without contesting
the conduct charge(s). If a student enters a Statement of No Contest after
being informed of the sanction(s) that would be issued as a result of the
statement, then the student waives his or her rights to appeal. If the student
enters a Statement of No Contest before being informed of the sanction(s) that
would be issued as a result of the statement, the student waives the
right to appeal the merits of the allegation or any procedural matters.
However, the student may appeal based on severity of sanctions. Conduct
violations for which a student enters a Statement of No Contest will appear on
that student’s conduct record.
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.
in the process
Information provided for review to the complainant and
respondent is to be accessed and used only by the respondent, complainant,
their advisor, and the employees of the College assigned to adjudicate and
monitor the process. Distribution of any document or other verbatim
reproduction of any information provided by the College or other party in this
process will result in immediate disciplinary action. Charges will be evaluated
and may include retaliation under the GBM policy, or failure to comply with the
directions of the College under normal College conduct procedures. Distribution
of confidential information undermines the process of adjudicating and
resolving policy violations on campus and will not be tolerated.
Rights in the Process
student in question has the right to:
Be charged with a specific violation of College standards or
policies in order to adequately prepare their case. When
a Peer or College Conduct Council hearing is necessary, 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 has been charged.
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 removed from the Dean of Students Office.
Bring an advisor to the hearing. The
advisor must be a current member of the Hendrix community – faculty, staff, or
student – for CCC or Peer Hearings. Advisors may not participate in examination
of witnesses, or in presentation of materials or information to the hearing
officer/board. The advisor’s role is limited to providing support and private advice
and consultation to the student who is a complainant or respondent in a conduct
hearing. Once students receive notification that they will be referred to a
Peer or CCC hearing process, advisors may accompany a complainant or respondent
to any meeting or hearing related to the conduct case. Advisors of record may review
hearing board materials in the company or absence of their advisees, but are
not permitted to copy or record materials in any way. The advisor may assist
the student in preparation of his or her complaint/response, 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. Advisors
must remain quiet and respectful during the conduct hearing. Facial expressions
or body movements that are distracting or intimidating will not be allowed.
Advisors may be removed from the hearing if these guidelines are not followed.
In addition to these specific guidelines for advisors, advisors must follow the
timelines and conduct process procedures provided to their advisees.
Question all witnesses present at the hearing. At
the discretion of the Chair of the hearing board, the accused and the accuser
may be asked to direct their questions for each other to the Chair of the
Provide testimony in alternative locations. A
complainant or respondent can request to give their testimony via alternative
means to being in the physical presence of the other person. Screens and
closed-circuit broadcasts may be permitted, but not to the disadvantage of the
Right to be Present for Entire Proceeding. The
complainant and respondent have 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
Right to Present Own Complaint or Use Proxy. The alleged victim has the right to present their
own complaint if they want to do so, or to ask the College to stand as
complainant in their place.
Right to Know Outcome and Sanctions. If
the complainant is an alleged victim of violence, then the complainant and
respondent will receive the outcome and sanctions (if necessary) 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. Whether or not findings (and sanctions if necessary) are presented
orally, notification of the hearing outcome will be sent within two (2) working
days of the decision of the hearing board. If there is a change to the result
of the hearing, such as when an appeal is filed and accepted, then the complainant
and accused will receive the notice of the change in writing at the same time.
At the conclusion of such cases, the complainant and accused will receive the
notice of the final outcome in writing at the same time. If the complainant is not the victim of violence or
gender-based misconduct, then the outcome and sanctions will not be disclosed to the complainant.
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.
Right to Appeal. Both the complainant and
the accused have a right to appeal the outcome of a hearing in cases involving
violence. The respondent has the right to appeal in all other cases. A written request
for appeal must be submitted to the Vice President for Student Affairs within
three (3) business days after a conduct decision is rendered. The decision
rendered during the appeal is final. There is no appeal of appeals.
following procedures and rights pertain to the conduct process (except GBM
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.
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 alleged victim of misconduct. In
cases in which the accuser is not a member of the Hendrix community, the
College will serve as the complainant.
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.
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. Charges proceeding against a group
do not preclude any individual from facing charges or sanctions as an
The Hendrix College community encourages the reporting of crimes. Sometimes, complainants or those who witness
allegations of misconduct 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 individuals as possible choose to report to College
officials.To encourage reporting, Hendrix College pursues a policy of offering complainants
and witnesses of allegations of misconduct immunity from minor policy
violations related to the incident.
of When Complaint Delivered to Accused Student.
Complainants are notified as to when notice of the complaint is delivered to
the accused student.
Students are entitled to seek a no-contact order that imposes reasonable
restrictions on student contact. The Dean of Students or Assistant Dean of
Students will issue the no-contact order.
and 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 statements, other written statements, and other evidence
that may be available.
to Advance Notice of Board Composition and Right to Challenge. The
complainant and respondent will receive advanced 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 Assistant
Dean of Students for CCC and Peer hearings.
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
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 Assistant Dean of Students may supply previous
complaint information to the board, or may consider it if hearing the
complaint, only if:
1) The accused was previously found to be responsible or
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
- 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
to 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) (if this information has not already been submitted)
- The accused student should ask witnesses to provide a
written statement (if this information has not already been submitted)
- The complainant should provide a written statement and ask
witnesses to do the same (if this information has not already been submitted)
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
& 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
addenda 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
The accused and complainant
will have access to review all final written materials at least 3 working days
before the hearing.
Day 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.
Day 9 -
Hearing takes place. The hearing will typically take place within 9-10 days of the
issuance of a charge letter.
*This timeline may be
modified to allow for an expedited hearing process only if both the complainant
and respondent agree to the modified timeline.