Overview of Conduct Resolution Process

An individual may report concerns about alleged violation(s) of the Community Standards Policies by contacting Campus Safety, College Life, Residential Education, Title IX Office, or through the Non-Academic Misconduct Form online. Reports can usually be addressed most effectively if they are submitted promptly, but reports can be submitted at any time. The Director of Student Rights and Responsibilities will determine what policy violations are alleged and, if applicable, whether an informal resolution or a formal resolution process will be followed.

Reports involving aspects of interpersonal conflict between students, harassment and/or harm to persons, the Director of Student Rights and Responsibilities will contact the complainant and respondent, if they are identified in the report, in order to discuss their options regarding the College process. During the intake meeting, the complainant may request that their report remain a report only, to reach mutual agreeable terms with the involved the student(s) outside of a conduct process or request an investigation into potential violations of policy for an informal or formal resolution under the Community Standards. In most cases, the complainant decides if they want their report to be investigated if there are potential violations of policy however if the College is aware of a pattern of behavior by an individual or an individual poses a continuing threat to an individual or the community, the College may investigate and resolve the report without the complainant.

Students with outstanding or pending student conduct alleged violations may, at the discretion of the College, not be approved for withdrawal or a leave of absence, request or receive a transcript, or graduate/receive a degree from Gettysburg College until Student Conduct alleged violations are resolved.

As a part of the resolution process, students are permitted to be accompanied by an advisor of their choice to any resolution proceedings (please see Sexual Misconduct Policy and Procedures for advisor guidelines in such cases). The student is responsible for presenting their own information, and therefore, advisors are not permitted to speak or to participate directly in any resolution process. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time of the resolution.

If the Complainant is anyone other than the College or College’s administration, both the complainant and respondent will be notified via email of the potential violations of policy, the individual conducting the investigation and resources available during the course of the investigation. Investigations generally take two weeks after the meeting between the investigator and complainant. This timeline can be extended due to the availability and scheduling of the individuals or witnesses involved in the process. Individuals can request an update on the investigation from the investigator and the Director of Student Rights and Responsibilities will provide updates to both parties about the investigation and any delays in the investigation on a weekly basis.

During the initial interview with the investigator, the complainant and respondent can provide a list of witnesses and a summary of what information they have to offer that is relevant to the investigation. Based on the information provided, the investigator will decide which witnesses to interview. Witnesses may choose to not participate in the process.

At the conclusion of the investigation, the complainant and respondent will be notified via email and given three calendar days to review the report and get any additional information or witnesses to the investigator. The investigation can then be extended or moved into the resolution process. Following the report review, the complainant and respondent can request an informal or formal resolution process. Once a resolution process has been determined the informal or formal resolution will be scheduled not less than three nor more than fifteen days later.

Informal and formal resolution meetings are with a Student Conduct Administrator, who may be an employee of the College or other party authorized by the Director of Student Rights and Responsibilities.

RESOLUTION OPTIONS

Informal Resolution

Informal resolution is reserved for Level 1 (consumption of alcohol, possession of marijuana and failure to comply) violations of policy where the individual has accepted responsibility for a violation of policy and does not have multiple violations already resolved through an informal process. A Student Conduct Administrator will meet with the individual involved in an incident to discuss the violation, explore their decision making and come to an agreement about the actions necessary due to the violation.

When a complainant and respondent have agreed to participate in the informal resolution process, that could include a mediation, restorative conference, negotiated resolution or another form of conflict resolution. The complainant and respondent will discuss what occurred from their perspective, the impact the incident had on the complainant and come to mutual agreement about next steps.

If individuals cannot come to an agreement during the informal resolution process, the Director of Student Rights and Responsibilities will send the alleged policy violation to a conference. None of the information provided during the informal resolution will be provided to a Student Conduct Administrator and a negative inference will not be made during any subsequent conferences or administrative hearings.

Informal resolution outcomes are final and there are no appeal or other proceedings. An informal resolution outcome will not be reported as part of the formal conduct record.

Assignment of informal resolution is at the discretion of the Director of Student Rights and Responsibilities.

Formal Resolution

There are two types of formal resolutions – conferences and administrative hearings.

A Student Conduct Administrator will resolve alleged violations of the Community Standards. The Student Conduct Administrator decides if a student is responsible for any alleged violations of policy and assigns sanctions upon any student found to have violated the Community Standards. Student Conduct Administrators receive training on policy and process for resolution, the College’s educational programs and activities, how to conduct a conference and hearing, and how to serve impartially.

In formal resolution processes, the administrator decides if a policy has been violated by a preponderance of the information. This means the evidence is sufficient to persuade the administrator of fact that the proposition is more likely true than not. The evidence includes all information collected during the investigation and the information provided in the conference or administrative hearing. Character references are not used in deciding if a policy has been violated.

Processes that are resolved formally have the ability for an appeal. The student may appeal the decision of the administrator within five (5) calendar days. More information on the appeal process is available in the appeal section of this policy.

Conferences

When the conduct allegation is a Level 2 violation, the student has multiple violations, or the violation has not been resolved through an informal resolution, a potential violation may be resolved through a conference. A conference will not be used when the violation, if determined to have occurred, may result in suspension or expulsion. A conference is a one-on-one meeting with an administrator where the outcome cannot result in suspension or expulsion. During the conference, the student will be given the opportunity to respond to the alleged policy violation and dispute the facts included in the report. If the Student Conduct Administrator determines that the student violated the Community Standards, the Student Conduct Administrator will assign sanctions according to the sanctioning guidelines.

Administrative Hearings

When a conduct allegation is a Level 3 violation or the incident was severe enough the incident could result in suspension or expulsion, the potential violation may be resolved through an administrative hearing. Students have an opportunity to submit statements, provide information, and identify any witnesses as part of the investigation into the reported incident. Absent unusual circumstances, administrative hearings will be scheduled not less than three nor more than ten calendar days after the investigation has concluded.

Students may request the removal of the Student Conduct Administrator if the student feels that the administrator may not be fair or impartial. This request, including rationale, must be submitted to the Director of Student Rights and Responsibilities within one day of the notification of assignment of the administrator. The final decision to change the Student Conduct Administrator is at the discretion of the Director of Student Rights and Responsibilities.

During the hearing, the Student Conduct Administrator will meet with the individuals involved and review the information obtained during the investigation to determine if a violation of policy has occurred. In cases involving both a Complainant and Respondent, those individuals may agree to meet individually with the administrator due to the nature of the violation (harassment, harm to other, harmful conduct, hazing, violence). If a student is found responsible for a violation, the Student Conduct Administrator will impose sanctions according to the sanctioning guidelines.

ADMINISTRATIVE HEARING PROCEDURES

A Student Conduct Administrator assigned to resolve an alleged violation will conduct an administrative hearing according to the following guidelines:

Formal rules of process, procedure, and/or rules of evidence that are applied in criminal or civil court, are not used in student conduct resolutions.
Hearings will be conducted in private and in accordance with FERPA.
A student may have an advisor of their choosing present during the hearing. The advisor is not an active participant in the proceeding but can assist the student in preparing for the hearing, be present at all pre-hearing meetings, and consult with and be a support to the student during hearing recesses. The College will be unable to provide any information to a student’s advisor, unless the student provides consent in writing for the College to share information with the advisor.
Student(s) and their advisor(s) will be allowed to attend the hearing at which information is received.
The Director of Student Rights and Responsibilities or Student Conduct Administrator may arrange for witnesses who have provided relevant information about the incident during the investigation to participate in the administrative hearing. The College will try to arrange the attendance of possible witnesses who are members of the College community if reasonably possible.
Relevant information may be submitted for consideration by the Student Conduct Administrator. Character statements will not be accepted. Complainants may submit a student impact statement to be used in the determination of sanctions.
After the portion of the hearing concludes in which all pertinent information has been received, the administrator will determine whether the respondent has violated each provision of Community Standards which the student is alleged to have violated.
Generally, the respondent will be notified of the administrative hearing outcome by the Director of Student Rights and Responsibilities within two (2) business days of the conclusion of the administrative hearing.
If a Respondent does not appear for an administrative hearing for which they have received notification, the information in support of the alleged violations, and any information that tends to dispute the alleged violations, if known, will be presented and considered even if the Respondent is not present.
The Student Conduct Administrator may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statements, or other means, where and as determined in the sole judgement of the Director of Student Rights and Responsibilities to be appropriate.
All procedural questions are subject to the final decision of the Student Conduct Administrator.