Detailed Description of All Resolution Processes

This section details the differences between our resolution processes: Community Standards Conferences, Conduct Board Hearings, and Resolution Panels.

Community Standards Conference

A Community Standards Conference is a one-on-one meeting with a Community Standards Administrator appointed by the Associate Dean for Campus Life or designee. The Community Standards Conference is scheduled by the Community Standards Administrator at a mutually convenient time between the Administrator and the Responding Party that does not conflict with the Responding Party’s academic schedule. The Responding Party will typically receive at least 48 hours notice of the time, date, and location of the Community Standards Conference. The College reserves the right to proceed with the Conference whether or not the Responding Party attends.

During the Community Standards Conference, the Community Standards Administrator will review all reported information with the Responding Party. The Responding Party will be provided the opportunity to acknowledge responsibility or contest the reported violations and present relevant information in response to the reported information. The Responding Party will have the opportunity to present the names and contact information of any relevant witnesses that the Administrator can interview outside of the Community Standards Conference. The decision of which witnesses to meet with is at the discretion of the staff member conducting the Community Standards Conference. The Community Standards Administrator will then consider all relevant information, including information presented by Emerson and/or non-Emerson community members related to the reported incident, to determine if it is more likely than not the Responding Party is responsible for a violation of College Policy. If the Responding Party is found responsible for a violation, the Community Standards Administrator will assign sanctions if appropriate.

Should a Responding Party believe that the Community Standards Administrator is unable to fairly review the matter because of a conflict of interest, the Responding Party may request that a different Administrator be assigned to conduct the Community Standards Conference. Such requests may result in the delay in the Student Conduct Process. Requests must be made in writing to the Associate Dean for Campus Life detailing the reason(s) the assigned Community Standards Administrator should not participate in the Community Standards Conference. The request must be sent at least 24 hours prior to the Community Standards Conference. The Associate Dean for Campus Life or designee will provide the Responding Party with a written response to the request prior to the Community Standards Conference If there is no change in Community Standards Administrator,, the Responding Party is expected to attend the Community Standards Conference at the time listed in the notification letter, unless directed otherwise by a member of the Office of Community Standards, or designee. Should there be a change in the Community Standards Administrator,, the name of the new Community Standards Administrator and information about a new Community Standards Conference will be provided in writing to the Responding Party. Should the Responding Party identify a conflict of interest with the new Community Standards Administrator, this process will be repeated until a Community Standards Administrator is selected.

Conduct Board Hearings

A Conduct Board Hearing is a formal hearing process that takes place before a panel of three to five Emerson community members selected and trained by the Office of Community Standards. A Conduct Board Hearing will consist of faculty, staff, and/or students. The hearing is supervised by a non-voting Hearing Chair designated by the Associate Dean for Campus Life, or their designee. During the hearing, the Hearing Chair will present all reported information, including any information obtained through any investigation, ensure hearing procedures are clear and orderly, and advise the Conduct Board during deliberations, as appropriate.

The composition of Conduct Boards is at the discretion of the Associate Dean for Campus Life, or their designee. Conduct Boards will be composed of three to five individuals selected from the pool of appointed and trained students, faculty, and staff. The Conduct Board Hearing is scheduled by the Associate Dean for Campus Life or their designee at a mutually convenient time between the Conduct Board, the Complainant (if applicable), and the Responding Party, that does not conflict with the Complainant or Responding Party’s academic schedules. The Complainant and Responding Party shall receive in writing at least five business days notice of the date, time, and location of the hearing. A Complainant or Responding Party may request consideration for the five-day notice to be waived, but any decision to accelerate the process will be at the discretion of the Associate Dean for Campus Life, or their designee. The College reserves the right to proceed with the hearing whether or not any of the parties attend.

The Complainant (if applicable) and Responding Party will be provided with the names of the community members serving on the Conduct Board at least 5 business days prior to the hearing. Should the Complainant or Responding Party believe that a Conduct Board member is unable to fairly review the matter because of a conflict of interest, the Complainant or Responding Party may request that a different Conduct Board member be assigned to the Conduct Board Hearing. Such requests may result in the delay of the Conduct Board Hearing process. Requests must be made in writing to the Associate Dean for Campus Life, detailing the reason(s) the Board member should not participate in the scheduled Conduct Board Hearing. The request to the Associate Dean for Campus Life must be sent at least 3 business days prior to the Conduct Board Hearing. Should such a request be made, the Associate Dean for Campus Life, or designee, will provide a written response to the request prior to the Conduct Board Hearing. If there is no change in the Conduct Board makeup, the Conduct Board Hearing will remain at the date and time listed in the notification letter unless rescheduled by the Hearing Chair. Should there be a change in the Conduct Board makeup, the name of the new Conduct Board member and updated scheduling information about the Conduct Board Hearing will be provided in writing to the Complainant (if applicable) and Responding Party. Should the Complainant or Responding Party identify a conflict of interest with the new Conduct Board member, this process will be repeated until a Conduct Board is selected.

At the conclusion of the Conduct Board Hearing, the Conduct Board will consider all information presented at the hearing to determine if it is more likely than not that the Responding Party violated any College policy. If the Responding Party is found responsible for violating College policy, the Conduct Board will assign sanctions, if appropriate, and submit their recommendations to the Associate Dean for Campus Life, or their designee, for review. The Associate Dean for Campus Life or designee will, at their sole discretion, accept, reject, or modify the sanctions provided by the Conduct Board.

Additional Information Related to Conduct Board Hearings

A Conduct Board Hearing will ordinarily follow the procedures as listed below. The Associate Dean for Campus Life or designee has the discretion to modify these procedures as necessary or appropriate to ensure fairness and support students and staff alike. Modification or changes to the outlined procedures will not invalidate an outcome or sanction that receives a fair and impartial process and is otherwise supported by the facts. Refer to Procedural Notes for Conduct Board Hearings marked with an asterisk (*). The Procedural Notes are located at the end of this section.

Conduct Board Hearings will generally follow these outlined procedures:

• Prior to the start of the Conduct Board Hearing, any person participating in the hearing, including but not limited to, the Complainant, the Responding Party, all witnesses, advisors for any party, and Conduct Board members shall sign a statement of confidentiality and honesty.
• All Conduct Board Hearings will begin with introductions of the parties present in the space, and their role in the Conduct Board Hearing. This includes students, staff, advisors, and community members.
• The Hearing Chair Administrator will present a summary of the reported information included in the hearing materials, including any applicable information obtained from witnesses or parties not participating in the hearing.
• The Hearing Administrator will read aloud the College policies identified as potentially having been violated.
• The Responding Party will be asked to state whether they are either “Responsible” or “Not Responsible” for each of the reported violations.
  1. If the Responding Party indicates they take responsibility for each potential violation, the Conduct Board Hearing will continue under the Resolution Panel procedures outlined in the following section.
• If applicable, the Complainant will be called upon to provide an opening statement related to their experience. Opening statements are optional for all parties involved.
• The Responding Party will be provided an opportunity to present an opening statement. Opening statements are optional for all parties involved.
• Following the completion of each party’s opening statement, , the Conduct Board and Hearing Chair will be permitted to ask questions of the parties, typically beginning with the Complainant, then the Responding Party.*
• After the questioning of the parties, the Hearing Chair will begin to invite witnesses into the Hearing to share information. Typically, witnesses identified by the Complainant, if applicable, followed by witnesses identified by the Responding Party. The order of witnesses is at the discretion of the Hearing Chair and may vary based on potential information provided, schedules, and relevance to the hearing.
  1. Each party will be provided an opportunity to submit questions for each witness. No party will directly ask a witness a question, and all questions must be submitted to the Hearing Chair to determine appropriateness and relevance to the proceeding. The Hearing Chair will ask all questions submitted by either party on their behalf.
  2. Parties may submit questions to the Hearing Chair prior to the date of the Hearing or during the hearing.
• Once all relevant Witnesses, if applicable, have provided their statements and the Conduct Board indicates they have no further questions for any witnesses, the Hearing Chair will provide each party an opportunity to submit questions to be asked of the other. The Complainant will submit questions first, followed by the Responding Party. Asking questions of the other party is not required.
  1. The parties will at no point directly question one another. Any question posed by one party to another will be reviewed by the Hearing Chair, who will then indicate whether the question is relevant. If the question is deemed relevant, it will be asked by the Hearing Chair on behalf of the party.
  2. Parties may submit questions to the Hearing Chair prior to the date of the Hearing or during the hearing.
• Once the parties have had the opportunity to submit and answer questions, the Hearing Chair will provide the Conduct Board with one final opportunity to ask questions of the parties.
• Once there are no more questions from the Conduct Board, there will be a brief break, typically about 10 minutes, so the parties are able to prepare a brief closing statement. The Closing statement is voluntary.
  1. Closing statements are optional. A closing statement is the opportunity for each party to highlight for the Conduct Board any documents or information that were presented to the Board during the hearing which each party wishes to have the Board focus on. It is not an opportunity to refer to any information that was not introduced during the hearing in the documents or in the presentations.
• The Hearing Chair will bring all relevant parties and the Conduct Board back together to complete the formal portion of the hearing. Closing statements will begin first with the Complainant (if applicable) and then the Responding Party.
• Following the closing statements, the Responding Party and Complainant (if applicable) will be excused from the hearing. The Conduct Board will then begin their deliberations, which are private only to the Conduct Board and Hearing Chair. During deliberations, the Conduct Board will determine if there was a violation of any College Policy and provide an finding of Not Responsible or responsible. If there is a responsible finding, the Conduct Board will recommend sanctions.
  1. The Hearing Chair will be present to advise members of the Conduct Board, but they do not vote. The Board will consider the factual presentations and use the preponderance of evidence standard to determine a finding for each policy which was identified as potentially having been violated.
• If the Conduct Board finds the Responding Party responsible for a violation of College Policy, they will be provided with the Responding Parties student conduct record, if any.
• If the Conduct Board determines that the Responding Party is responsible for a violation of College policy, the Conduct Board will recommend appropriate sanctions to address the behavior of the Responding Party and repair harm to those impacted.
  1. Sanctions are intended to be educational in nature. Sanctions will take into account the conduct history of a student found responsible for a violation to ensure appropriate educational and reflective measures are applied to each specific case.
• The Board will ordinarily complete their deliberations and draft a written rationale within 2 business days. The Hearing Chair will share the written rationale and recommended sanctions, if applicable, with the Associate Dean for Campus Life, or their designee, on behalf of the Conduct Board.
• The Associate Dean for Campus Life, or their designee will typically review the written rationale within two business days. The Associate Dean for Campus Life or their designee will, at their discretion, accept, reject, or modify the sanctions recommended by the Conduct Board. The Associate Dean for Campus Life or designee may reject or modify the Conduct Board’s sanction recommendation if the Associate Dean for Campus Life or designee believes that the sanction recommendation:
  1. Does not appropriately address the violation;
  2. Is fundamentally unfair;
  3. Is inconsistent with sanctions imposed for other violations of comparable seriousness;
  4. Contradicts the mission of the Office of Community Standards or the College;
  5. Is not possible with current resources, or current policies prevent the sanction from occurring;
  6. Presents a significant risk to the Responding Party or College community;
  7. Lacks clarity; and/or
  8. Does not appropriately consider the Responding Party’s student conduct history.
• Should the recommended sanctions be rejected, a new written rationale with updated sanction recommendations will be submitted by the Conduct Board, via the Hearing Chair, to the Associate Dean for Campus Life within 2 business days.
• Upon accepting or modifying the sanctions recommended by the Conduct Board, the Associate Dean for Campus Life or their designee shall, within 2 business days advise the Responding Party, in writing, of all findings, any sanctions assigned, and the Responding Party’s right to appeal. If applicable under current law and College practice, the Associate Dean for Campus Life or designee shall simultaneously advise the Complainant of all findings and sanctions assigned to the Responding Party.

Procedural Notes for Conduct Board Hearings

• Procedural Review: Prior to any Conduct Board Hearing process, the Complainant and the Responding Party will meet with the Hearing Chair or their designee for a “procedural review.” This meeting is not a fact-finding meeting and is not a resolution option, it is a meeting to discuss the process, answer questions, ease anxieties, and inform the parties of their rights in the process. This meeting is also designed to provide information and resources to the parties related to the order of events, scheduling options, witness information, timelines for final resolution, and other relevant pieces of the process.
• Hearing Participants: Attendance at Conduct Board Hearings will be restricted to the members of the Conduct Board, the Hearing Chair, the Complainant, the Responding Party, and advisors. Persons appearing as witnesses will only participate in the hearing when answering questions from the Conduct Board and the parties, at the discretion of the Hearing Chair. Multiple Responding Parties: In the event more than one Responding Party is documented during the same incident and the potential policy violations are the same or similar for each of the Responding Parties, the Associate Dean for Campus Life, or designee may, at their discretion, refer all Responding Parties to the same hearing for the purpose of ensuring fairness and efficiency.
• Questioning: The Hearing Chair will supervise all questioning to ensure that the questions asked by the Complainant, Responding Party, and Board are relevant to the case. Questions that have no relevance to the case will be rejected by the Hearing Chair.
• Witnesses:
  1. The Hearing Chair may call upon individuals to present information relevant to the case, including students, staff, or faculty. Witnesses typically called by the Hearing Chair include, reporting parties, impacted parties, or persons with exceptional knowledge of the content being discussed.
  2. Both the Complainant and the Responding Party will be permitted to present relevant witnesses to speak on their behalf at a Conduct Board Hearing. The Hearing Chair, at their discretion and in Consultation with the Associate Dean for Campus Life or their designee, may limit the number of witnesses presented during the Conduct Board Hearing.
  3. The Complainant and the Responding Party must inform the Hearing Administrator of the names and relevance of each witness at least 3 business days prior to the hearing. It is the responsibility of the Complainant and Responding Party to inform their witnesses of the date, time and location of the hearing.
  4. Witnesses may present relevant information to the incident. Witness presentations may be in person or submitted as a written statement. Written statements must be sent to the Hearing Chair at least 2 business days prior to the hearing. When possible, written statements will be presented to the Complainant, Responding Party, and Conduct Board prior to the hearing.
  5. The Complainant (if applicable), Responding Party, Conduct Board, and Hearing Chair will be provided the opportunity to ask witnesses questions about the information presented.
  6. After all questions have been asked, witnesses will be given an opportunity to explain or clarify anything which was discussed during the questioning to ensure complete understanding of their experience.

Resolution Panel

Should a Responding Party select or be referred to a Conduct Board Hearing, the Responding Party may acknowledge in writing that they assume responsibility for all reported violations of the College policies identified and proceed to a Resolution Panel. Resolution Panels are only convened for the purpose of sanctioning and would replace the Conduct Board Hearing. A Resolution Panel will be composed of 3 individuals selected from the pool of appointed and trained students, faculty, and staff. The Resolution Panel process is supervised by a non-voting Panel Chair designated by the Associate Dean for Campus Life or their designee. The Panel Chair also serves as an advisor to the Panelists to ensure Panel procedures are clear and orderly.

Before any Resolution Panel occurs, the Responding Party will meet with the Panel Chair or their designee for a “procedural review.” This meeting is not a fact-finding meeting and is not a resolution option; it is a meeting to discuss the Resolution Panel process, answer questions, ease anxieties, and inform the Responding Party of their rights in the process. This meeting is also designed to provide information and resources to the parties related to the order of events, scheduling options, witness information, timelines for final resolution, and other relevant pieces of the process.

After the procedural review, the Resolution Panel will be scheduled by the Panel Chair at a mutually convenient time between the Resolution Panel and the Responding Party that does not conflict with the Responding Party’s academic schedule. The Responding Party shall receive at least five business days written notice of the time, date, and location of the Resolution Panel. The Responding Party may request consideration for the five-day notice to be waived, but any decision to accelerate the process will be at the discretion of the Associate Dean for Campus Life, or their designee. The College reserves the right to proceed with the Resolution Panel whether or not the Responding Party attends the Resolution Panel.

The Responding Party will be provided with the names of the Panel members who will serve on the Resolution Panel prior to the Panel at least 5 business days prior to the date of the Panel. Should the Responding Party believe that a Panel member is unable to fairly review the matter because of a conflict of interest, the Responding Party may request that a different Panel member be assigned to the Resolution Panel. Such requests may result in a delay in the resolution process. Requests must be made in writing to the Associate Dean for Campus Life, detailing the reason(s) the Panel member should not participate in the scheduled Conduct Board Hearing. The request to the Associate Dean for Campus Life must be sent at least 3 business days prior to the Conduct Board Hearing. Should such a request be made, the Associate Dean for Campus Life, or designee, will provide a written response to the request prior to the Resolution Panel. If there is no change in the Panel makeup the Resolution Panel will remain at the date and time listed in the notification letter unless rescheduled by the Panel Chair. Should there be a change in the Conduct Board makeup, the name of the new Panel member and updated scheduling information about the Resolution Panel will be provided in writing to the Responding Party. Should the Responding Party identify a conflict of interest with the new Panel member, this process will be repeated until a full Panel is selected.

During a Resolution Panel:

1. All participants will sign a statement of confidentiality, honesty, and nondisclosure.
2. The Panel will not challenge or re-examine the facts documented in an incident/police report or the Responding Party’s acknowledgment of responsibility. The Panel may ask questions to the Responding Party about the incident to the extent of gaining necessary context to inform their decision. The Panel will focus their review and deliberations solely on the issue of what, if any, sanctions they believe are most appropriate to support the learning and growth of the Responding Party, and to repair harm to others and the community.
3. The Responding Party will be able to provide an oral or written impact statement to the Panel. Impact statements can include information, circumstances, or thoughts that the Responding Party feels the Panelists should take into consideration. The Panel may ask the Responding Party questions about the information presented in their impact statement.
4. At their discretion, the Associate Dean for Campus Life or their designee may provide the Panel impact statements from the Complainant(s), other impacted parties, and/or relevant witnesses.

When opting for a Resolution Panel, the Responding Party waives the right to:

1. Have their matter reviewed via a Community Standards Conference or Conduct Board Hearing.
2. Present witnesses, question witnesses, and question the Complainant(s).
3. Review Complainant or witness impact statements.
4. Receive access to the incident and/or police reports associated with the matter after the initial review of the reported information. At the discretion of the Office of Community Standards, a Responding Party may receive access to a redacted copy of the incident and/or police report associated with the matter.

At the conclusion of the Resolution Panel, the Panel will enter into a deliberation that is private to the Panel members and the Panel Chair. The Panel will consider all information provided and recommend appropriate sanctions to address the behavior. The Panel Chair will share the written rationale and recommended sanctions, if applicable, with the Associate Dean for Campus Life, or their designee, on behalf of the Resolution Panel within 2 business days of the conclusion of the proceeding.

The Associate Dean for Campus Life or their designee will, at their discretion, accept, reject, or modify the sanctions recommended by the Resolution Panel. Within 2 business days of receiving the Panels recommendations, the Associate Dean for Campus Life will accept, reject, or modify the Panel’s sanction recommendation. The recommendation may be rejected or modified if the Associate Dean for Campus Life believes that the recommendation:

• Does not appropriately address a violation;
• Is fundamentally unfair;
• Is inconsistent with sanctions imposed for other violations of comparable seriousness;
• Contradicts the mission of the Office of Community Standards or the College;
• Is not possible with current resources, or current policies prevent the sanction from occurring;
• Presents a significant risk to the Responding Party or College community;
• Lacks clarity; and/or
• Does not appropriately consider the Responding Party’s student conduct history.