Hampden-Sydney College
 

Governing Procedures for the Hearing Committee for Harassment


The Hearing Committee will elect a chair, who will oversee its work and preside at the formal hearing. The Hearing Committee will conduct its own investigation, which may include gathering additional documents and interviewing both the Complainant and the Respondent and also other witnesses. Following its investigation, the Hearing Committee will hold a formal hearing, usually within a period of fifteen days from its receipt of the case. Both Complainant and Respondent may be present at the formal hearing, unless they explicitly waive that right or choose to submit only a written statement. The hearing affords both parties an opportunity to offer evidence, to answer questions from the Hearing Committee, and to confront adverse witnesses. Both Complainant and Respondent may have a colleague who works at the College present at the hearing in an advisory role. Because the formal hearing is a proceeding before the Respondent's faculty peers, the presence of legal counsel at the formal hearing is not permitted. The Hearing Committee will make an electronic record of the formal hearing, but not of its deliberations.

A primary responsibility of the Hearing Committee is to determine whether, in its judgment, overriding questions of academic freedom are at stake. Following the formal hearing, usually within five days, the Hearing Committee will advise the Dean in writing of its recommendation as to whether the Dean's preliminary determination should go forward. The Hearing Committee may also suggest changes to the Dean's preliminary determination. Copies of the recommendation of the Hearing Committee to the Dean will be given to both the Complainant and the Respondent.

c. The following procedure will be followed when the Respondent is a student:

Upon receipt and review of the Complaint, the Dean of Students will make a preliminary determination as to whether such information, if found to be true, would be likely to result in the suspension, expulsion, or other severe sanction of the Respondent. If both Complainant and Respondent are students, the Dean, prior to proceeding, will forward copies of the Complaint to the Chairman of Student Court, and together they shall decide whether the case should be presented to the Student Court.

 


 

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