Page 132 - Smith College Student Handbook 16-17

C. In the event that a student called before the conduct board fails to appear at a scheduled hearing, the board will meet without the
student. The board shall not find the student responsible for the violations in question solely because of the noncompliance,
however, the board may elect to make a separate charge of noncompliance to be heard at a future and separate hearing.
D. An administrative settlement may be offered when the student who is the subject of the complaint has accepted responsibility for
alleged policy violation(s) and has signed an acknowledgement that such is true and that there is no basis for appeal (as appeals may
be made only on the grounds of gross error in procedure, violation of the student’s rights, new evidence, or extreme bias on the
part of the conduct board). A student does not have to accept the offer for an Administrative Settlement if a Conduct Board
Hearing is preferred.
E. The failure of a student to comply with the requests of the conduct board and its designees may result in appropriate sanctioning.
Repeated noncompliance will result in additional sanctions such as, but not limited to, the student being barred from registering for
the next semester or receiving a diploma and/or participating in commencement activities until the requests have been complied
with. The conduct board shall notify the registrar and the dean of the students of noncompliance with any of its decisions.

SECTION 7. RIGHTS AND RESPONSIBILITIES OF A STUDENT CALLED FOR A CONDUCT BOARD HEARING

A. A student called before the conduct board shall have the following rights:
1. The right to be provided with a copy of the complaint prior to the appointment of a hearing;
2. The right to present evidence supporting the student's version of the alleged complaint;
3. The right to a hearing;
4. The right to accept or contest responsibility for the violations of the alleged complaint;
5. The right to present up to three witnesses, who may be members of either the Smith College community or of the
student's immediate family, who have knowledge of the student's character or the alleged infraction;
6. The right to have an adviser of their choosing. The adviser may not be connected in any way to the specific case in
question except through her or his role as adviser to the student who is the subject of the complaint. The adviser may
not participate in the proceedings;
7. The right to be present throughout the hearing and to consult with a chosen adviser during their testimony;
8. The right to appeal the final decision of the conduct board.
B. A student called before the conduct board has the following responsibilities:
1. Upon formal notification by the conduct board of a complaint, a student shall submit to the board a written response to
the complaint within 48 hours of such notification. Personal statements submitted to the board beyond the stated due
date will not be accepted unless otherwise noted.
2. The student called before the conduct board shall appear at the time the hearing is scheduled by the board. The student
is required to ensure that the chosen adviser and witnesses are available on the date the hearing is set.

SECTION 8. THE RIGHTS OF A PERSON FILING A COMPLAINT IN A CONDUCT BOARD HEARING

A person who has filed a complaint and comes before the conduct board shall have the following rights:

A. The right to review the statements of the student who is the subject of the alleged infraction;
B. The right to present evidence supporting the complainant’s version of the alleged complaint;
C. The right to be notified of receipt of the complaint by the chair of the conduct board within 48 hours.
D. The right to appeal a final decision of the conduct board.

SECTION 9. THE PROCEDURE OF A CONDUCT BOARD HEARING

A. Proceedings
1. The definition of "proceedings" encompasses the investigation, hearing, deliberation, and if necessary, the appeal
process. The definition of "written communication" and/or any mode of communication referred to hereon in this
document shall be primarily through email correspondence, unless otherwise specified by the board.
B. Prior to the Hearing
1. The conduct board shall provide written notification to the student or group of students who is the subject to the
complaint, informing the student or students of the specifics of the complaint and that an investigation is being
conducted. Note that from here on in this document the “student who is the subject of the complaint” may also refer to
groups of students who are the subjects of the complaint.
2. The chair in consultation with the conduct board adviser shall, based on the information gathered, decide if there is
enough evidence to continue with the proceedings. If the complaint describes a violation under the Prohibited Conduct
provision Discriminatory Harassment of the Student Code of Conduct, the chair will select two (2) conduct board members
and add the two (2) Smith community members, from the four (4) members appointed by the President, to create a five
person hearing panel (chair and four (4) members) and an investigation will be initiated.
3. When and if the conduct board decides that its proceedings shall continue, the board shall request a typed statement
responding to the complaint or alleged infraction from the student who is the subject of the complaint, which should be
submitted to the person in charge of conduct board scheduling within 48 hours.
4. The chair in consultation with conduct board adviser will consider, based on the substance of information gathered and
the statement of the student who is the subject of the complaint, whether a hearing is necessary. If either the board or

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