Charges and Hearings

When a complaint is received, the Hearing Officer determines whether a violation of the Student Conduct Code may have occurred and identifies the appropriate charge(s) and the manner in which the infraction will be addressed. Alleged violations may be addressed in one of the following ways:

1. Educational Letter – An electronic letter may be sent to a student or student organization involved in a first-time minor violation outlining the incident that was reported and stating the College’s expectations regarding the behavior. The student or student organization has the right to request a hearing to discuss the charges. If contact is not made with the Hearing Officer within three business days of receipt of the letter, the matter is resolved and the student is expected to fulfill any sanction(s) specified.
2. Mediation – Conflicts between individuals may be resolved through the collaborative process of mediation. If mediation is deemed an appropriate step to take in resolving a conflict, contact will be made with all the individuals involved, and an explanation of the goals and purposes of this process will be offered. If accepted by all parties, mediation will be viewed as an alternative solution to the situation and a meeting scheduled. In the event it becomes apparent that coming to agreement in this way is not possible, the incident may be pursued through a disciplinary hearing. All agreements reached through mediation are considered binding. At any point, if it is determined that the agreement is not being fulfilled, the negligent individual may face further disciplinary action or additional mediation.
3. Hearing – Students alleged to have violated policy will be expected to attend a hearing. The Hearing Officer will send notification to the student or student organization via e-mail and identify the charge(s), time, date, and location of the hearing. A copy of the complaint and statement of the rights of the accused will also be provided.

The purpose of the hearing is to fully discuss all aspects of the incident to understand the circumstances, determine responsibility for the action(s), and issue appropriate sanction(s). If determined that the student or student organization could face serious sanctions (for example, suspension, dismissal, disaffiliation), the case will be scheduled with a College Hearing Board consisting of three members of the College community. Regardless of whether the case is heard by the Hearing Officer or the Hearing Board, the format is similar.

Students generally have no less than two but no more than 15 days for the hearing to occur. In cases where circumstances prevent the hearing to be scheduled within this time frame, for example, during the start or end of the semester and during examination periods and summer session, the timeframe may be waived or extended at the discretion of the Dispute Resolution Coordinator or a designee. An accused student may waive the minimum two-day period.

The hearing will generally be held in private. Written requests for specified additional persons to attend a hearing will be granted or denied in the sole discretion of the Hearing Board or Hearing Officer. The Vice President for Student Affairs may name an impartial observer to be present during the hearing.

At a disciplinary hearing, the rules of process, procedure, and/or evidence that are applicable to civil and criminal cases do not apply. The hearing consists of a reading of the charge(s) and a response by the accused student(s), including an indication of whether the student accepts responsibility for the policy violation. A description of the incident is presented by the Hearing Officer and the accused student is offered the opportunity to respond. Additional information about the incident will be presented, including witnesses, if applicable. Questioning by the accused student, the complainant, and the Hearing Officer (or College Hearing Board Members) will be permitted. The Hearing Officer or Hearing Board may, in their discretion, accommodate (in any manner they deem appropriate) concerns for personal safety, well-being, and/or fear of confrontation by the complainant, the accused student, and/or any witness(es). Pertinent records, exhibits, and taped or written statements may be accepted for consideration by the Hearing Officer or Hearing Board and will occur at their discretion. Individuals have the right to have an advisor of their own choosing present and retained at their own expense. Advisors are not permitted to speak or participate directly in any hearing. The hearing will conclude with summary statements by the accused student as well as the complainant. The opportunity will be available to the complainant, the alleged victim (if other than the complainant), and the accused student to offer input regarding sanctioning.

The Hearing Officer or College Hearing Board will adjourn to deliberate in private, review the case, and assign responsibility if appropriate. This determination is made on the basis of a preponderance of evidence presented at the hearing – it is more likely than not that the accused student or student organization has committed the violation(s) as charged. It is the responsibility of the Hearing Officer or College Hearing Board to determine the appropriate sanction(s). The students will normally receive the outcome via e-mail within 15 business days from the completion of the hearing. Detailed information about the hearing format is available at www.keene.edu. Determinations by the Hearing Officer or the Hearing Board will be considered final, pending normal appeal processes under this policy.

Should an accused student or student organization representative(s) fail to appear for a scheduled hearing or otherwise choose to limit or withhold a response to the charge(s), the Hearing Officer or Chair of the College Hearing Board will proceed with the hearing. Any decision(s) made shall be based on the evidence presented at the hearing; students will not be found responsible for violating the Code of Conduct simply because she or he does not attend the hearing.