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Home > College Offices > Dean of Students > Student Handbook > Honor Code & Community Living > Council on Student Affairs & Judicial Procedures
Council on Student Affairs & Judicial Procedures
I. Role of the Council on Student Affairs (CSA)
A.Duties of the CSA
The CSA shall have the following duties, powers, and responsibilities:
1. Adjudication over cases involving the violation of non-academic regulations as the:
Hearing Board for cases involving non-academic regulations
Board of Appeal in cases where sanctions and procedures in non-academic violations are disputed;
2. The CSA, in consultation with the Office of the Dean of the College and the College's legal counsel, shall draft the Disciplinary Procedures. These procedures are published in the Student Handbook on the College website.
3. The CSA may review, at the request of any group or individual member of the College community or at its own initiative, existing non-academic regulations policies. The CSA shall recommend modifications to the appropriate organs of the College when these regulations are in conflict with state or federal law, safety or health regulations, individual rights, the general welfare of the community, or the ability of students to maintain a system of self-government under which non-academic regulations are made and enforced.
4. The CSA has the responsibility to educate students, faculty, and staff as to its activities and Disciplinary Procedures. The CSA shall consult with appropriate campus committees (Advisory Committee on Multicultural Community and College Life, etc.) periodically to discuss issues of common concern.
5. The CSA shall serve as the Board of Appeal for Senate decisions and Elections & Referendums as specified in Articles II.F(5) and VI.E of the Constitution and By-Laws of the Student Government Association (SGA).
6. The CSA shall serve as the Board of Appeal for Class Board elections as specified in Article V.J (e) of the constitution of the Class Board.
7. Jurisdiction over matters in the area of student non-academic life that is not specifically delegated to other bodies shall be assumed to belong to the CSA. The CSA shall not assume executive, legislative, or judicial powers conferred on the SGA by the CSA under the Grant of Power.
B. Composition of the CSA
The CSA shall consist of seven elected students and a representative from the Office of the Associate Dean of the College, or CSA Advisor. The CSA Advisor shall be a faculty or staff member appointed by the Associate Dean of the College/Dean of Students. The primary role of the CSA Advisor is to provide the CSA with clarifying information and general assistance with the disciplinary process. The CSA Advisor serves as a voting member on all Hearing Boards and represents the Office of the Associate Dean of the College/Dean of Students. The CSA Advisor may also, in his or her discretion, when circumstances warrant, extend or adjust time periods set forth in these procedures.
The CSA shall choose the Chair from amongst its student members. The term of service of the elected students shall ordinarily be for two years. One student shall hold a one-year term. The student body shall elect the student members of the CSA. Positions not occupied through elections shall be filled via application and appointment by the existing members of the CSA. Quorum shall be satisfied by the presence of five members of the CSA.
II. Disciplinary Procedures
The CSA's disciplinary process is a procedure for determining the facts surrounding a complaint that a student has violated College policy and arriving at a fair and informed resolution of the complaint. The procedures are designed to treat all matters individually in order to ensure fairness in all considerations. The CSA is not designed to and should not be expected to function as a court of law, and the College reserves the right to modify the College policy, the CSA disciplinary process, and any other provision contained herein.
The CSA's determination of whether or not misconduct has occurred is based solely on the facts of the incident in question. The determination of the appropriate response to misconduct is based on several factors, including the severity of the offense, the student's non-academic disciplinary record, and any other mitigating or aggravating circumstances that are relevant.
A. The Initiation of the Disciplinary Procedure
1. Filing a Complaint
If a member of the Mount Holyoke community reasonably believes that a student has committed a violation of College policy, s/he should address her/his concerns to that student before filing a complaint with the CSA. Any member of the Mount Holyoke community may file a complaint against a student, and complaints shall be lodged with the CSA. The complaint must contain a detailed description of the conduct alleged to violate College policy, and specify the exact policy violated. Complaint forms are available in the Office of the Associate Dean of the College/Dean of Students, from the Chair of the CSA, and accessed online: Complaint Form
By filing a complaint with the CSA, the Complainant agrees to comply with all CSA Disciplinary Procedures. A complaint may be withdrawn at any point before deliberation by the Hearing Board. Complaints must normally be received within thirty days from the alleged violation, or, where the actual time that the alleged violation occurred is unknown, within thirty days from the date that the Complainant became aware of the alleged violation. When a complaint is filed after more than thirty days, the CSA Advisor will determine whether or not to accept the case based on the specific reasons for the delay in filing.
2. Initial Review of the Complaint by the CSA
Within seven days, or such further period of time as is warranted, after receiving the complaint, the CSA shall make a judgment, based on whether the complaint states a violation of College policy, to accept the case or dismiss the complaint. If the case is accepted by the CSA, a Hearing Board, an Investigator, and a Parliamentarian are appointed. If the complaint is dismissed, no record of the complaint shall be kept.
B. Cases Accepted by the CSA
1. Meeting with the Parliamentarian
Once the case has been accepted by the CSA, the Chair will appoint a Parliamentarian. As soon as practicable, the Parliamentarian will contact the Complainant and Respondent to set up individual meetings. At such meetings the Parliamentarian will explain the CSA Disciplinary Procedure, inform them of the composition of the Hearing Board, and answer any procedural questions the Complainant or Respondent may have. The Complainant and Respondent may contact the Parliamentarian throughout the process with questions about procedure.The Parliamentarian is responsible for providing students involved in the Disciplinary Procedure with neutral and impartial information about the process.
a. Responsibilities of the Parliamentarian
The Parliamentarian is expected to:
- Ensure that the Respondent fully understands the charges against her.
- Discuss with the Complainant and Respondent their options under the workings of the Disciplinary Procedure.
- Inform the Complainant and Respondent of their rights and responsibilities under the Disciplinary Procedure.
- Clarify for all parties (including all witnesses) the details of the Disciplinary Procedure.
2. Investigation
a. Role of the Investigator
The Investigator shall be a trained member of CSA, a Public Safety Officer, or a member of the College faculty or staff not including the Office of the Associate Dean of the College, and shall be appointed by the Chair. It is the Investigator's role to collect the facts of the case and information about the circumstances surrounding it in order to make an informed report to the Hearing Board.
b. Duties of the Investigator
Once meetings have been held with the Parliamentarian, the Complainant and Respondent will be contacted by the Investigator. Individual meetings will occur where the Investigator will interview the Complainant and Respondent and ask for their description of the alleged offense. The Investigator shall investigate the complaint, including but not limited to, interviewing the Complainant, Respondent, and witnesses, and collecting information. Upon completion of the investigation, the Investigator will prepare and present a report to the Hearing Board.During the investigation, the Investigator may contact any member of the Mount Holyoke community whom the Investigator believes to be a witness, or who has information relevant to the alleged violation. The Investigator will also provide all witnesses with the name of the Parliamentarian for the case.
c. Investigator's Report
The Investigator shall prepare a report that includes:
- A summary of facts agreed upon by Complainant and Respondent, and/or substantiated by information;
- Signed statements by the Complainant and Respondent regarding disputed facts;
- Notification in the event that a Respondent accepts responsibility for the complaint, and both Complainant and Respondent agree to a sanction without a hearing, in which case the Investigator will get a signed agreement from the Complainant and Respondent as to the sanction.
d. Investigator's Report to the Hearing Board
At the completion of the investigation, the Investigator will request a meeting of the Hearing Board in order to present his/her report. The Hearing Board can then dismiss the case, sanction without a hearing, refer the case to another office on campus within whose purview the case more appropriately falls, or hold a hearing. If the Hearing Board decides that a case will go to hearing, the Parliamentarian will inform the Complainant and Respondent of the time, date and location of the hearing.
If the Hearing Board decides on a method of resolution other than a hearing, the Parliamentarian will send written notification to the Complainant and Respondent and provide them with the Investigator's report, appropriate timeline of events, and all relevant statements. If either the Complainant or Respondent is unwilling to have a sanction without a hearing or specifically requests a hearing, the case is taken to hearing.
A hearing will not take place earlier than seven days from the Hearing Board's decision.
In the event that there is an associated criminal complaint pending, the Hearing Board may, but is not required to, delay the hearing until the completion of the criminal proceeding.
C. Hearing Board Proceedings
1. Composition of the Hearing Board
The composition of the Hearing Board will be determined at the discretion of the Chair.
The Hearing Board will consist of at least four members, one of whom will be the CSA Advisor. The Investigator and Parliamentarian will not be members of the Hearing Board and will not participate in deliberations or sanctioning.
In case of a hearing, the Investigator may be present at the hearing in order to provide clarification as necessary. The Parliamentarian will not be present at the hearing.
If a member of the Hearing Board is unable to attend the hearing or to continue participation in the hearing because of circumstances beyond her control, the hearing may continue before the three remaining members.
2. Conflicts of Interest
Any CSA member, the Respondent, or the Complainant must make known to the Chair any actual or perceived conflict of interest with regard to any proceeding conducted under these procedures within five days of their initial meetings with the Parliamentarian. The Respondent or Complainant must submit a written request demonstrating specific information why a particular person should not be a part of a Hearing Board for her case. If the Chair deems that a conflict exists, another member will be substituted.
3. Presiding Role of the Chair of the CSA
The Chair of the CSA shall preside over Hearing Board meetings and is responsible for procedural correctness during the disciplinary process. During the hearing, the Chair shall resolve any procedural question that may arise. The Chair is responsible for ensuring the orderly conduct of hearings. The Chair shall not participate in the deliberation or sanctioning process except in case of a tie.
4. Procedure Before the Hearing Board in Case of Hearing
At a hearing before the Hearing Board, the Complainant and Respondent will be given an opportunity to state their cases and will be expected to answer any questions put to them by the Hearing Board honestly and clearly. The Complainant and Respondent may be accompanied by an advisor. The Complainant, Respondent, and the Hearing Board may ask the Chair to admit witnesses to the case, and approval will be granted by the Chair based on the Chair's judgment as to the relevance of a witness's information. Both the Complainant and Respondent will be permitted to question each witness, provided her questioning is reasonable and relevant, as determined by the Chair. If a witness is unavailable, his/her statement shall normally not be admitted. The Hearing Board shall only consider information admitted at the hearing.
To the extent practicable, all witnesses will be identified during the investigation. The Complainant and Respondent will both receive a list of witnesses who will participate in the hearing. During the course of the hearing and investigation, Complainant and Respondent may not communicate (including written, telephone, email, verbal, etc.) with witnesses. Any attempt to do so would be a violation of College policy.
It is expected that any member of the College community who is requested to be a witness will make every effort to attend the hearing.
New information (that is, not identified during the investigation) may only be introduced at a hearing at the discretion of the Chair.
The Hearing Board shall provide for a verbatim record, i.e., a tape recording of all hearings, which shall be available, together with copies of all exhibits, to the Complainant and Respondent for purposes of appeal.
The rules of evidence and procedures applicable to courts of law will not be applicable at the hearing. The Chair may make appropriate rulings, including the inclusion or exclusion of information, to safeguard the fairness and integrity of the hearing. The hearing will be conducted with an emphasis on the goals of attempting to ascertain the truth and reaching a finding that is appropriate to the rights of the students and the College community.
Except for members of the Hearing Board, the Complainant, Respondent, and their advisors, and witnesses while testifying, the hearing is closed.
5. Advisors to Complainants and Respondents
The Complainant and the Respondent may each be accompanied at the hearing by an advisor of their choosing. The advisor must be a member of the Mount Holyoke College community. The advisor may consult with the student, but is not allowed to speak on her behalf. The advisor may provide support for the student, but may not prepare or conduct the student's case before the Hearing Board. If either the Complainant or Respondent wishes to have an advisor at the hearing, she must inform the Chair of the CSA of the name of the advisor twenty-four hours in advance of the hearing.
6. Decision of the Hearing Board
After the hearing has concluded, the Hearing Board will meet, in private, to determine whether a violation of College policy has occurred. In making its determination, the Hearing Board will consider whether or not the conduct in question violated the values and standards of the community as expressed in the Honor Code and/or the College's rules, regulations, and policies. In determining whether a violation occurred, the Hearing Board will disregard any previous history of disciplinary action with respect to the Respondent, but the Respondent's disciplinary record may be taken into account during the sanctioning process. If the Hearing Board feels it needs to recess to the following day, it may do so. A majority of the voting members of the Hearing Board is needed to find that a violation occurred. The Chair will send a letter approved by the Board to the Complainant and Respondent summarizing the finding of the Board and the reasons for those findings and, if a violation was found, the sanctions to be imposed. Where a violation has been found, this letter will be placed in the Respondent's disciplinary file, indicating the violation found and that further violations shall result in increased sanctions.
7. Basis for the Hearing Board's Decision
The determination of a violation of College policy shall be made on the basis of whether it is more likely than not that the Respondent violated College policy according to the information presented at the hearing. 8. Multiple RespondentsWhere related offenses are charged against more than one student, the Chair may determine that the Hearing Board shall hear the cases together. If the Chair concludes that this may result in unfairness to one or more students, she may direct that separate hearings be held.
D. Sanctions
Sanctions are to educate and restore the community. Sanctions shall be determined by a majority vote of the Hearing Board. While it is not possible to give a complete list of sanctions, the following list reflects a range of suggested sanctions.
1. Mandatory Educational Project
Required completion of an educational program (ex. Health Education Program)
2. Restitution
In money, or in kind, to the College or individual for a loss caused by the student charged.
3. Required Community Service
A student is required to engage in service to the Mount Holyoke community.
4. Permanent Loss or Suspension of Privileges for a Specified Time
- Intercollegiate activities such as athletic contests, debating contests, or any similar activities as a representative of the College.
- Any other specific right or privilege on campus or to use College facilities.
For example:
- Removal from office or position of responsibility
- Removal from residence hall
- Residence probation
- Removal from an intercollegiate activity
5. Social Probation
A written notice from the CSA that states that further violations during a specified period of time will result in increased sanctions.
6. Combination of Penalties
The CSA may impose a sanction combining various penalties when it deems such action appropriate.
7. Letter in Educational Record
The determination letter is placed in the student's educational file and, subject to the requirements of the Family Educational Rights and Privacy Act (FERPA), will be accessible to future employers, graduate schools, etc., should they request it.
8. Recommendations of Separation
When the Hearing Board determines that an appropriate sanction mandates a separation from the College, the Hearing Board will make this recommendation in writing to the Dean of the College. The Dean of the College will either approve the recommendation sanction or return the sanctioning process back to the Hearing Board.
- Suspension in Abeyance
Subject to the same conditions as suspension, suspension in abeyance is a separation from the College for a designated amount of time. However, the separation is delayed according to the circumstances of the individual situation.
- Suspension from the College
Separation is for a stated period of time and implies automatic reinstatement.
- Required Withdrawal
Separation is for an unspecified period, at least one year; a student required to withdraw must apply for reinstatement.
- Expulsion from the College
The permanent termination of an individual's status as a student, with the loss of all rights and privileges of a student at Mount Holyoke College, including forfeiture of tuition and expenses already paid.
A student's failure to fulfill sanctions imposed may result in further proceedings and additional sanction, including suspension or expulsion from the College.
E. Appeal Procedures
A Complainant or Respondent may appeal the finding in her case to the Dean of the College. If the Dean of the College approved the sanction of the Hearing Board (as in the case of a sanction separating the student from the College), a Complainant or Respondent may appeal the finding [sanction?] in her case to the President of the College.
Appeals based on new information (i.e., information not known by or available to the appealing party at the time of the hearing) must be submitted by either the Complainant or the Respondent to the Dean of the College within 15 days after the information is discovered. Appeals on any other basis (i.e., procedural error or bias) must be submitted within 15 days after the Complainant or Respondent has received written notification of the finding of the Hearing Board.
Once the Dean of the College has received a request for an appeal, he/she will notify the CSA. The CSA will provide the Dean of the College with the complaint form, a copy of all witness statements, Complainant and Respondent statements, copies of information presented at the hearing, the decision letter, and any tapes or transcripts from the hearing.
The Dean of the College may uphold the previous decision, reverse or alter the previous decision, reduce the sanctions, or return the case to the CSA for further consideration or proceedings.
F. Records
All records of Disciplinary Procedures are kept in confidential files in Mary Lyon Hall. Cases filed with the CSA of Student Affairs are kept on file until a student's graduation. Before graduation, only the Chair of the CSA, the CSA Advisor, the Associate Dean of the College/Dean of Students, the Dean of the College, and the President shall have access to the file. After a student's graduation, the records are kept for three (3) years; after three (3) years, the identities of the individuals involved are deleted, but the records are kept for historical purposes.
A brief summary of every case accepted by the CSA may be published the following year for the benefit of the community. Summaries may include the decision and sanction(s) (if any) without revealing the identity of the individuals involved.
G. CSA Policy During Reading Days and Exams
No disciplinary proceedings will take place during reading days or exams. Complaints received later than one week prior to the end of classes will be referred to the Office of the Associate Dean of the College/Dean of Students.
F. Cooperation of All Parties
All parties with knowledge of facts pertaining to a case of alleged student misconduct are expected to cooperate fully with CSA Disciplinary Procedures in the investigation of the facts of the case and must appear, if requested, at CSA hearings. Parties/individuals refusing to cooperate with CSA Disciplinary Procedures forfeit their right to be heard.
Annual Case Summaries
2006 - 2007
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