College Community Standards Board Procedures

The Community Standards Board is responsible for upholding the behavioral standards of Smith College through a fair and transparent process. The procedures provide all parties an opportunity to present and respond to alleged violations of policies and indicate the bases on which the college will make determinations regarding policy violations.

1. Adviser: A person with whom the reporting party or responding party may consult with during the hearing. It should be a person of their choosing without any connection to the case in question. The adviser is not required to be a member of the Smith community. The adviser may not participate in the proceedings.
2. Appeals Committee: The Appeals Committee shall be composed of three members: the dean of students, or their designee, shall chair the appeal board, along with two trained panelists who did not serve on the case, one of whom is a student and one a college official. They shall be appointed by the dean of students.
3. Community Standards Board: A group composed of faculty, staff, and/or students responsible for adjudicating, through formal processes, alleged college policy violations.
4. Complaint: The report of an alleged college policy violation.
5. Hearing Officer: A college administrator who reviews the complaint and meets with the students involved to gather information. The hearing officer may facilitate an administrative settlement.
6. Investigator: An individual designated by the institution to gather supporting material and present the case to the Community Standards Board. The investigator may come from outside the institution.
7. Chair: The college official who has administrative oversight of the hearing processes. This is a non-voting role on the Community Standards Board. The Chair is appointed by the Dean of the College (or their designee)
8. Panelist: A trained faculty, staff or student member of a Community Standards Board or Appeals Committee.
9. Resolution: The outcome determination of an administrative settlement or hearing (responsible or not responsible), and if appropriate, accompanying sanction(s).
10. Responding Party: The individual or student organization accused of violating college policies.
11. Reporting Party: The individual or party who reports an alleged college policy violation. Typically, the College will bring a case forward on behalf of a student reporting party.
12. Responsibility (Finding of): Determination, based on a preponderance of the evidence (whether it is more likely than not that something happened), of whether a violation of college policy occurred. Supporting materials: Any relevant materials, from either party, to determine whether a violation of college policy occurred.
13. Supporting Materials: Any relevant materials, from either party, to determine whether a violation of college policy has occurred.

1. Filing a Complaint: Any member of the campus community, including faculty, staff, students, or third parties, may report a Smith student’s violation of college policy by submitting a written complaint to the non-voting chair of the Community Standards Board, c/o Student Affairs Office. Reporting Form
2. Timeline for Reporting: Complaints will normally be filed within a reasonable time frame following the alleged violation, which is typically within 30 days of the incident or learning of the incident, whichever comes first. Under special circumstances, reports outside of this timeline may be accepted.

The Chair will review the allegation and assign a hearing officer to meet with the responding party and, if necessary, the reporting party, to determine the appropriate next step.

1. Pre-Hearing Conference: The hearing officer will normally request a pre-hearing conference with the responding party. During this conference, the hearing officer will review the allegations, any supporting materials, and the hearing procedures.
   1. If necessary, the hearing officer will also meet with other parties that may have been involved in the matter.
   2. Investigation: Based upon what the Hearing Officer learns from the Conference, they will make a determination about whether further investigation is warranted due to a need for more information. An investigator (internal or external) may be assigned to gather relevant information, interview witnesses, and provide the responding party an opportunity to respond to the allegations.
   3. The hearing officer will review the investigative report (if applicable) and other relevant information to determine the appropriate next step:
      1. Matter Closed: That there is a lack of or insufficient supporting material, and, therefore, the matter should be closed and recorded as such;
      2. Administrative Settlement: A responsibility decision on the allegation, also known as an administrative settlement for an uncontested allegation (see administrative hearing details)
         1. This option is available if the following requirements are met:
            1. The student takes responsibility for the violation;
            2. The student has not received a previous sanction from the Community Standards Board; and
            3. The violation is deemed to be minor by the hearing officer
         2. Under this option, a student waives their right to a hearing and to the appeal process.
         3. While a responding party may participate in the conversation about the appropriate sanction, the decision ultimately rests with the hearing officer
         4. A student is never required to accept an Administrative Settlement. If this option is declined, there will be a hearing.
      3. Formal Complaint: A formal complaint and referral to the Community Standards Board without additional investigation needed. Note that sometimes, after an investigation, a matter will proceed to a formal complaint.
         1. Community Standards Board Hearing:
            1. Full Board: This option is conducted by a five-member panel, with the support of a Chair, to hear cases, determine responsibility, and decide on sanctions, if appropriate.
            2. Administrative Board: This option functions in the same manner as the Full Board, but requires only a three-member panel. An Administrative Board may be called when there is a demonstrated need for expediency when the Community Standards Full Board cannot be convened due to academic year timing, lack of a quorum, or exceptional privacy concerns exist.
2. Formal Complaint: Formal Complaint: The Chair will send a written notice of complaint to the responding party, indicating that a formal complaint has been filed against them. This notice will provide the details of the alleged violations of college policy. A responding party should submit a personal statement to the Community Standards Board within 48 hours of the notice of complaint. The personal statement should highlight the details of their involvement in the allegation and any supporting documentation.
3. Hearing Notification: The responding party will receive written notice of the hearing, including the date, time, location, and details of the alleged violations. The notice will also inform the responding party of their right to present witnesses, present supporting material, and be represented by an Adviser of their choosing.
   1. The notice of complaint and notice of hearing may be combined in one letter. The allocated time for a personal statement remains 48 hours.
4. Hearing Format:
   1. Panel Composition:
      1. The Community Standards Board (full panel) will consist of five (5) voting members and will include at least three (3) students. The Community Standards Board (administrative panel) will consist of three (3) voting members and will include at least one (1) student.
      2. A non-voting board chair will be appointed by the dean of the college (or their designee) to guide the hearing and ensure that this policy is followed.
   2. Presentation of Supporting Material:
      1. If there was an investigative report, it will be shared as part of the hearing.
      2. The hearing officer presents the complaint, including supporting material and witnesses to support the allegations.
      3. The college may present additional supporting material to the Community Standards Board.
      4. If they choose to, the responding party may present their response to the complaint, including witnesses and supporting material.
      5. Questions: The board members may ask questions of all parties to clarify facts. Questions by the hearing officer and the responding party may be submitted to the chair. These questions will be reviewed for appropriateness and relevance and asked at the chair's discretion.
      6. Closing Statements: The responding party may make a closing statement summarizing their position, but they can also choose not to make such a statement. Closing statements may include opportunities for community restoration and a sanction recommendation, if appropriate.
   3. Standard of Proof: The board will make a determination based on the "preponderance of the evidence" standard, meaning that it is more likely than not that the violation occurred.
   4. Confidentiality: All hearings will be held in private, and all information disclosed during the hearing must remain strictly confidential.
   5. In the event that a student called before the Community Standards Board fails to appear at a scheduled hearing without providing prior notice to the Chair (non-compliance), the hearing will proceed. While missing the hearing does not in and of itself lead to a finding of responsibility, the student will not have the ability to share their account with the Board, which could impact the outcome of the matter.

1. Deliberation: After the hearing, the Community Standards Board will deliberate, in private, to determine responsibility and the appropriate sanctions.
2. Notification of Outcome: The Community Standards Board will issue a written decision that includes:
   1. A summary of the supporting material;
   2. The findings of fact;
   3. The determination of responsibility; and
   4. Any sanctions or corrective actions to be taken, if applicable.
3. Sanctions:
   1. While it is not possible to provide a complete list of potential sanctions, the following list indicates the scope of sanctioning authority for the Community Standards Board and their designees. This list is not exhaustive, and sanctions not listed may be implemented by the Board
   2. Sanctions:
      1. Disciplinary warning: This sanction will be in effect for a period of time to be determined by the board. Should a student who has been assigned this sanction be found responsible for another violation of the college policy of the same or different nature while this sanction is in effect, the board may impose an additional sanction to reflect a repeated offense.
      2. Letters of Apology: Letters of apology to those impacted to help the student appreciate the effects of their actions. These letters will be kept as part of the student’s Community Standards Board records.
      3. Reflection Paper
      4. Restitution: Charge for damages.
      5. Loss of leadership position: Removal from appointed or elected office or other position of authority.
      6. Removal from a college house: Temporary or permanent removal from a college house.
      7. Disciplinary probation: This sanction may be imposed for a period of time, as determined by the board. Being on disciplinary probation can lead to additional and/or elevated sanctions if a student is found responsible for any other violation of college policies. Probation may also impact a student’s ability to participate in college activities, both on and off campus.
      8. Loss of privileges: Including, but not limited to, eligibility for housing lottery, participation in parties where alcohol is served, school-sponsored excursions, and forfeiture of use of a college facility (e.g., Davis Center).
      9. Stay-Away Order: A sanctioned directive that a student has no contact with another student, by any means.
      10. Suspension: The rights and privileges of being a student at Smith College, including participation in academic or social activities, are suspended for a specified period of time. A student is not allowed on campus during their suspension.
      11. Dismissal: This results in the termination of an individual’s status as a Smith student. The individual may apply for readmission, but typically a full semester must pass before such an application will be considered. An individual may be expected to provide evidence of readiness to resume their college career and fulfill standards of responsible conduct and citizenship, prior to returning. The student is fully restricted from campus during their dismissal.
      12. Permanent separation: The individual is no longer a student at Smith College, must leave the campus, and is not eligible for readmission. The student is indefinitely restricted from campus.

1. Grounds for Appeal: The responding party may appeal the decision based on the following grounds, but only if these grounds materially impacted the outcome:
   1. Procedural errors
   2. Discovery of new supporting material that was not reasonably available at the time of the hearing
   3. Evidence of biased treatment of the responding party
2. Appeals Committee: The Appeals Committee shall be composed of three members. It will be chaired by the dean of students or their designee and include two other panelists who did not serve on the case, at least one of whom is a student. The Appeal Committee panelists shall be appointed by the dean of students or their designee.
3. Appeal Procedure: The appeal must be submitted in writing to the Appeals Committee Chair within 7 business days of the date of the decision letter. The appeal should include: the basis for the appeal; a description of the procedural error, new evidence, or bias; and how the outcome was impacted or could be impacted.
   1. The Appeals Committee will review the case and issue a decision, which could result in the confirmation of the original decision, modification of the sanctions, or remanding the matter to the hearing board for additional action.
   2. The Appeals Committee shall review only the basis for the appeal. An appeal is not considered an opportunity for a fresh or “de novo” review of the entire matter.
   3. Notification: Both the reporting party and the responding party will be notified of the decision in writing within 10 days of the appeals hearing. All appeal decisions are final.

The non-voting Chair will coordinate the nomination and selection process for all panelists. The Dean of the College (or their designee) will approve and appoint all panelists. In the event of a resignation from the panel, the non-voting Chair will solicit a replacement from the group from which the representative came (faculty, staff, or student) and submit to the Dean of the College for appointment.

1. Faculty and staff - nominations will be accepted annually, for up to three-year terms
2. Students - nominations will be accepted each spring for the following year, and student positions will be open to sophomores, juniors, seniors, and Ada Comstock Scholars.
   1. To serve in the panel pool, students must:
      1. Have completed at least one full semester at the college.
      2. Be enrolled and in good standing, including not on academic or disciplinary probation.
      3. Have completed 32 hours of academic credit with a cumulative GPA of at least 2.5.
      4. Have no active sanction and/or record of misconduct during the semester(s) in which a student wishes to serve on the panel. A serious history of misconduct could disqualify a student for service.
      5. Complete an application and submit a letter of recommendation from a faculty member or administrator from within the College community.