Steps in the Process

Resolution Process (Policy 2011.1: Student Conduct Resolution Procedure)

Students alleged to have violated the Student Code of Conduct (Policy 2011) are given due process through a procedure called Resolution (Procedure 2011.1).

Resolution ensures that students:

1. Receive a written description of their possible Code violations.
2. Have their cases heard by one or more objective decision-makers.

Resolution is achieved through mutual consent or a panel hearing. Respondents may have an advocate of their choosing present during meetings and/or hearings during Resolution. The advocate:

1. Is not allowed to make a presentation or represent the respondent
2. May confer quietly and exchange notes with the respondent
3. May ask questions about procedure
4. May suggest questions to the respondent for the respondent to ask

Steps in the Resolution process

1. Initial investigation
   a. College reviews report and gathers additional information.
   b. College may close the case due to lack of information or because the behavior described does not represent a Code violation
   c. College will pursue Resolution if it looks like the Code may have been violated
   d. College may decide that further investigation is necessary (see step 4)
   e. Only cases where there is reasonable cause of a Code violation will go forward
   f. ‘Reasonable cause’ is defined as credible information to support the alleged Code violation
   
   
2. Educational meeting
   a. Respondent meets with a College administrator
   b. Respondent shares his/her side of the story
   c. Respondent learns about the Resolution process
   d. Administrator may decide that further investigation is needed (see step 4)
   e. Administrator may decide that a panel hearing is necessary (see step 5)
   f. Respondent may request a panel hearing (see step 5)
   g. Administrator may recommend Resolution by mutual consent (see step 3)
   h. See the What to Expect page to learn about safety measures for meetings and hearings.
3. Mutual consent
   a. Administrator finds the respondent responsible for the Code violation and identifies one or more sanctions to be imposed on the respondent
   b. The respondent accepts the administrator’s finding and sanction(s).
   c. Process ends
   
   
4. Further investigation (if necessary)
   a. Administrator gathers additional information on the case
   b. Investigation can lead to an additional educational meeting, an offer of Resolution by mutual consent, or a decision to call for a panel hearing
   
   
5. Panel hearing
   a. A panel of college employees (usually three to five) is convened to hear the case
   b. An administrator presents information on possible Code violations to the panel
   c. The respondent addresses the panel concerning the possible Code violations
   d. The College and the respondent may ask witnesses to address the panel
   e. The respondent can have an advocate present. This advocate:
   
   1. Is not allowed to make a presentation or represent the respondent
   2. May confer quietly and exchange notes with the respondent
   3. May ask the panel chair questions about procedure
   4. May suggest questions to the respondent that the respondent may then direct to the panel chair
   f. After hearing all presentations, the administrator, respondent and witnesses are dismissed and the panel deliberates in private
   g. The panel decides if the respondent is ‘responsible’ or ‘not responsible’ for violating the Code
   h. If respondent is found ‘responsible,’ the panel identifies the sanction(s) to be imposed on the respondent
   i. The hearing process ends
   j. See the What to Expect page to learn about safety measures for meetings and hearings.
   
   
6. Appeal of hearing panel finding and/or sanctions
   a. The respondent may appeal the finding, the sanction(s), or both, on one or more of these grounds
   
   1. There was an error in due process
   2. New information not available at the time of the hearing has come to light
   3. Sanctions are inconsistent with College precedent.
   b. The appeal must be submitted in writing within 10 calendar days from the date of being notified of the finding
   c. More details on the appeals process are contained in section called “Can I appeal a hearing panel’s decision?”
   
   
7. Reopening a case when finding is ‘not responsible’
   a. When the finding is ‘not responsible’ through mutual consent or through a panel hearing, the reporter or victim may request that the College reopen the investigation and/or hold a panel hearing.
   b. Such a request will only be granted for extraordinary cause
   c. The decision is in the sole discretion of the Dean of Students or designee, or, in the case of a Title IX case, the Title IX Coordinator
   
   
8. Title IX: What it is and how the Resolution procedure is different for Title IX cases
   a. Title IX is a federal law that determines how colleges must handle cases where possible Code violations involve gender-based or sexual misconduct, stalking, or intimate relationship violence
   b. In a Title IX case, the hearing panel’s finding and sanction(s) are recommended to the College’s Title IX Coordinator
   c. The Coordinator makes the final determination on the finding and the sanction(s)
   d. The appeal process is the same as in other panel hearings  (see step 5)