CONFIDENTIALITY AND REPORTING POLICY
Whether the accused is a student, faculty, staff, or campus visitor, 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), the Hendrix College Title IX Coordinator, Shawn Goicoechea (501-450-1494), 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 accusing student.
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. Any Public Safety reports available to the public will not include identifying information about the victim.
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 gender-based 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. When disclosing gender-based misconduct crime statistics required for the Clery Act, no names or personally identifiable information about the victim will be disclosed. College officials will maintain confidential any remedies or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the remedies or protective measures.
Orders of Protection
Hendrix No-Contact Order: Students are entitled to seek a no-contact order that imposes reasonable restrictions on student contact. The Dean of Students office will issue the no-contact order. Students should contact the Dean of Students office at 501-450-1222, visit the office, or email Dean Baoua at Baoua@hendrix.edu or Dean Wiltgen at Wiltgen@hendrix.edu for this request.
Legal Order of Protection: Students may also pursue an Order of Protection from the Faulkner County Prosecuting Attorney’s Office. The Victim Service Center of the Prosecuting Attorney’s Office should be contacted to pursue this option. The phone number 47
is 501-450-3051. The Dean of Students Office will assist you in pursuing an Order of Protection if you would like to do so. Students should contact the Dean of Students office at 501-450-1222, visit the office, or email Dean Baoua at Baoua@hendrix.edu or Dean Wiltgen at Wiltgen@hendrix.edu for this request.
Remedies Available for Victims of Gender-Based Misconduct
If you have been the victim of gender-based misconduct, the Dean of Students office will provide assistance to you to change academic, living, transportation, and/or working situations if you request those changes and they are reasonably available. This assistance is available whether or not you report the crime to Public Safety or local police. Students should contact the Dean of Students office at 501-450-1222, visit the office, or email Dean Baoua at Baoua@hendrix.edu or Dean Wiltgen at Wiltgen@hendrix.edu for these requests.
College officials will maintain confidential any remedies or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the remedies or protective measures.
If a student or employee reports being a victim of gender-based misconduct, whether the offense occurred on or off campus, to the Title IX Coordinator, Human Resources, or the Dean of Students Office, then those offices will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the Hendrix community and the Conway community. If a student or employee reports being a victim of gender-based misconduct to another individual or department, then that victim has a right to receive the same information listed above in writing. In these cases, the individual taking the report or the victim can request the written information from the Title IX Coordinator, Human Resources, or the Dean of Students Office.
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. 48
Gender-Based 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:
24-hour Conway Women’s Shelter Crisis Hotline (866-358-2265)
Rape Crisis Hotline (501-801-2700) or (877-432-5368)
Hope Reinn National Sexual Assault Hotline (800-656-4673)
Hendrix Counseling Services (450-1448)
Hendrix Health Services (450-1448)
Residential Life Office professional staff (450-1416)
Chaplain’s Office (501-450-1263)
Dean of Students Office (450-1222)
Hendrix Public Safety Department (450-7711)
Conway Police Department (911)
Faulkner County Prosecuting Attorney’s Victim Services Center (501-450-3051) National Center for Victims of Crime www.victimsofcrime.org
Hendrix Office of International Student Services (501-450-1265) for visa and
Hendrix Office of Financial Aid (501-450-1368) for student financial aid
Arkansas Legal Services Partnership at (1-800-952-9243) or
http://www.arlegalservices.org/ or for legal assistance
PROCEDURAL PROVISIONS FOR GENDER-BASED 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.
Gender-based misconduct hearings and procedures include a prompt, fair, and impartial process from the initial investigation to the final result. The proceedings must be conducted in a manner consistent with Hendrix College policies and transparent to the accuser and accused. 49
Gender-based misconduct proceedings must be conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused. College officials conducting gender-based misconduct hearings and procedures will receive annual training related to dating violence, domestic violence, sexual assault, and stalking. They will also receive yearly training on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
The Department of Education’s Office of Civil Rights has interpreted Title IX to require schools to evaluate evidence of alleged Gender-Based 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 gender-based misconduct if the Panel, by majority vote, concludes that such Gender-Based 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 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. In the event an extension of this timeframe is required for good cause, both the complainant and the respondent will be notified in writing of the delay and the reason for the delay. To ensure a prompt process and hearing, gender-based misconduct complaints are given priority. The College will seek to resolve all issues of sexual misconduct within 60 days of the reporting of the incident to the College.
The college reserves the right to take whatever measures it deems necessary in response to an allegation of gender-based 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 gender-based 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 gender-based 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.
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 50
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, Associate Dean of Students, or Chair of the hearing board. 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.