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 Code of Student Conduct

Statement on Social and Academic Responsibility Bates takes pride in the responsibility of its students and the social and educational atmosphere of its campus.

Bates College students are held responsible for their conduct at all times. Any student who engages in academic or social misconduct shall be subject to disciplinary action by appropriate officers of the College and/or the Student Conduct Committee.

The College, in accordance with the procedures of the Academic Standing Committee and the Student Conduct Committee, reserves the right to withdraw from any student the privilege of attending college at Bates. Neither the College, nor any of its members, shall be under any liability whatsoever for such exclusion.

The following considerations constitute the foundation of the College's justification for establishing expectations of student conduct, codifying those expectations and adopting equitable processes for assessing student conduct.

  1. The College's mission as a private residential educational institution establishes its identity as an independent community with a distinctive history and culture.

  2. The Charter and By-Laws of the College charge the Faculty with responsibility for the welfare of students and the conditions under which they are to live and learn.

  3. The College's standards of conduct and the procedures for determining responsibility for misconduct reflect its particular mission and history. These standards and procedures do not attempt to duplicate civil and criminal legal processes, nor do they attempt to substitute for them. As an institution structured to accomplish its stated educational mission, the College has an independent interest in upholding standards of academic and social conduct, and these expectations may differ from those found in society at large. The College is committed to fundamental fairness in its student conduct procedures.

  4. By the action of matriculation and registration at Bates College, students voluntarily enter an educational and residential community with standards of academic honesty and respect for persons and property. In choosing to enroll in the College, each student becomes responsible in his/her conduct to those standards as stated in the Student Conduct Code.

The College may address student academic and social misconduct through its own processes and apply sanctions governing the terms of membership in the College. The College reserves the right to deal with misconduct, whether or not law enforcement agencies are involved and criminal charges may be pending.

Part I Bates College Code of Student Conduct

The purpose of the Code is to express community standards of honesty, respect for persons and property, and responsible use of freedom. The Code reflects the College's mission and identity, and it exists to guide conduct, safeguarding and promoting the College's educational activity.

Each student is responsible for reading and reviewing the Code of Student Conduct, and for understanding the responsibilities he or she assumes by enrolling in the College.

It is important that students know where to turn when they have questions, and for the College to be confident that those to whom they turn understand the student conduct system. In addition to the language of the Code itself, the College makes available a variety of "live" resources: The Office of the Dean of Students, members of the Faculty, the Judicial Educator, Junior Advisors and Resident Coordinators (JAs and RCs) and mediators. If a student is in trouble, has a complaint and wants to know how to proceed or simply has a general question about disciplinary policy, JAs and RCs should know enough about the standards of conduct and judicial process at Bates to be able to provide helpful and accurate answers. For more detailed information, students may speak with the Judicial Educator, who has extensive familiarity with the student conduct process and who is prepared to explain it to students and faculty who become involved in any aspect of a disciplinary matter. The Judicial Educator is not associated with the Office of the Dean of Students and does not determine any element of a case, but serves as an independent, informed resource for students (see Part III, A. 2. below).

  1. Academic Misconduct
    Academic dishonesty, in whatever form, diminishes the integrity of education at the College. Such conduct is a serious offense, subject to stern, disciplinary action. Academic misconduct falls into three categories: plagiarism, cheating and falsifying results or data.

    1. Plagiarism
      The following Statement of Policy on Plagiarism was adopted by the Faculty in April 1975:

      Intellectual honesty is fundamental to scholarship. Accordingly, the College views plagiarism or cheating of any kind in academic work as among the most serious offenses that a student can commit.

      Plagiarism occurs when one presents work which is taken from another person who is not given due credit. All students will be held responsible for carefully reading and following The Statement on Plagiarism and A Guide to Source Acknowledgments, which defines plagiarism and discusses in detail the proper and improper uses of source material. Students who are uncertain in any specific situation as to whether plagiarism may be involved should discuss the matter with their instructor.

      In order to insure equal and fair treatment for all students, instructors are expected to report to the Dean of Students any cases of plagiarism where there appears to be an intent to deceive, as well as cheating of any kind in student work. Absence of any obvious attempt on the student's part to acknowledge the original source will be taken as prima facie evidence of such an intent to deceive. If the evidence warrants, the case will then be brought before the Committee on Student Conduct for a hearing.

      In instances involving questionable or faulty use of source material where culpable motives may not be involved, the instructor should warn and advise the student. At the beginning of each semester the instructor should discuss potential problems in the area of the plagiarism as they apply to the particular course involved.

      Specific reference to appropriate citations of resources are described in the Guide to Source Acknowledgments.

    2. Cheating
      Cheating includes those forms of academic misconduct that may not meet the definition of plagiarism, but nevertheless violate either recognized norms for academic inquiry or specific norms identified by faculty for particular assignments. Examples of cheating include, but are not limited to, using materials not allowed during an examination (either in class or take home), receiving assistance beyond what is allowed, sharing materials on assignments that are not collaborative (e.g. bibliographies, research and laboratory experiments and reports) and copying answers from or providing answers to another student during an examination or in preparing a report or paper.

    3. Falsifying Data
      The collection and analysis of data are fundamental aspects of many types of research. Data may consist of interview transcripts, narrative accounts or qualitative and quantitative information collected for purposes of research. It is the researcher's responsibility to insure that data are recorded and analyzed as accurately as possible. Fabrication, misrepresentation or falsification of data, or practices that seriously deviate from those that are commonly accepted in the academic community all may be considered academic misconduct. (n.b. This definition is in part borrowed from the Faculty Handbook, which cites NIH guidelines.)

  2. Social Misconduct
    The College reserves the right to process cases of social misconduct deemed to be in violation of the General Guide for Social Responsibility:

    Bates College students are held responsible for their conduct at all times. Any student who becomes disorderly, is involved in any disturbance, interferes with the rights of others, damages property, or is individually or as a member of a group involved in unacceptable social behavior on or off campus shall be subject to disciplinary action by the Student Conduct Committee.

    For purposes of handling disciplinary matters, a "student" is defined as someone who has matriculated and has not formally severed recognized student status with the College. A student retains this status throughout his or her career at Bates, including academic terms, scheduled vacations, summer months, periods of leave or off-campus study.

    The College reserves the right to investigate and discipline alleged misconduct even when it occurs off campus. The College usually will apply the Code in instances where the off-campus misconduct:

    • occurs in connection with a College-sponsored event or when students are acting as representatives of the College, or
    • directly affects another member of the Bates community or
    • suggests a potential danger or threat to others.

General Categories of Social Misconduct
Cases of social misconduct usually fall into one of several general categories. While not exhaustive, the following categories illustrate the expectations of the College expressed in the General Guide for Social Responsibility and provide examples of misconduct subject to College discipline. Many of these categories, and the accompanying examples, may have a counterpart in the State of Maine Criminal Code. The stipulated definitions of state and local criminal codes and the processes of the criminal judicial system are not part of the Bates Code of Student Conduct. Addressing a violation of the College's code of conduct does not exempt the individual from prosecution by proper authorities under criminal or civil code.

  1. Actions against persons
  2. Actions against property
  3. Dangerous or disorderly conduct
  4. Actions against the institution
  5. Obstruction of the College's judicial or disciplinary procedures
  1. Actions Against Persons
    Conduct that involves force, threat of force or intimidation directed at an individual or group of individuals may constitute an "Action Against Persons."

    Examples of Actions against Persons include:

    • Assault
    This includes unwanted physical contact, as well as fighting and physical altercations.

    • Sexual Assault (See p. 57 for description of Bates College Sexual Harassment Policy.)
    The College provides to each student a brochure describing how the terms "sexual harassment," "sexual assault," "rape," "consent" and "force" are defined and acted upon within the College community. Within that document, the Maine State Statute is presented so that students are aware of the steps they may take outside of the College to prosecute sexual assault.

    • Hazing
    Following Ch. 159 of Maine Public Laws, 1983, Bates prohibits injurious hazing, defined as "any action or situation which recklessly or intentionally endangers the mental or physical health of a student..." For example, hazing may occur when a group of students requires or pressures newcomers to undergo actions that tend to demean, embarrass, humiliate or otherwise compromise the emotional or physical well-being of the persons who perform them. Such behavior includes coerced consumption of alcohol.

  2. Actions Against Property
    Conduct that results in damage to property of another individual or of the College, or conduct that improperly converts another's property to personal use may constitute an "action against property."

    Examples of Actions against Property include:

    • Theft
    • Damaging the property of another person or of the College
    n.b. Students may be subject to disciplinary action for damage to College property, including their own rooms, in addition to any money damages assessed by the College to repair such damage.
    • Illegally entering College facilities
    • Unauthorized possession, use or duplication of College keys or cards, passwords or other means of access

  3. Dangerous or Disorderly Conduct
    Conduct dangerous to self or others or conduct that creates a disturbance or disrupts the ability of the College to carry on its essential functions may constitute "dangerous or disorderly conduct." In accordance with the Drug-Free Schools and Communities Act, the College's standards of conduct prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees, on the College's property or as part of any of its activities.

    Examples of dangerous or disorderly conduct include:

    • Illegally possessing, using, or distributing any scheduled drugs
    Possession, distribution or the use of illegal drugs and narcotics, including amphetamines, marijuana, cocaine, heroin and LSD, renders a student liable to disciplinary action, including confiscation of materials, disciplinary action up to and including dismissal, and/or referral to local police authorities.

    • Violating the College's alcohol policy
    Bates College observes all laws governing the use of alcoholic beverages within the state of Maine and does not condone violation of these laws by any student at any time. Students are held personally responsible for complying with all aspects of Maine laws and Bates alcohol policy. The prohibitions of the Bates Student Conduct Code and Maine law include, but are not limited to, the following:
    1. The sale of alcoholic beverages by any person who does not have a license to sell such beverages in full force and effect at the time of the sale;
    2. The sale of alcoholic beverages by any person to a person who has not attained the age of 21 years;
    3. Consumption or purchase of alcoholic beverages by any person who has not attained the age of 21 years;
    4. The furnishing of, procurement of or delivery of alcoholic beverages to a person who has not attained the age of 21 years;
    5. The furnishing of, procurement of or delivery of alcoholic beverages to a person who is intoxicated;
    6. The presentation of any written or oral evidence of age which is false, fraudulent or not a person's own for the purpose of ordering, purchasing or attempting to purchase or otherwise procuring or attempting to procure intoxicating liquor by a person who has not attained the age of 21 years;
    7. Transportation by automobile within the state of Maine of alcoholic beverages by any person who has not attained the age of 21 years.

    Violations of Maine law at reserved (blue-slipped) College facilities or at scheduled events occur at the risk of the individuals involved and are not the responsibility of the College. A brochure, "Drugs and Alcohol, Your Accountability and Responsibility at Bates," is distributed to each student. It describes specific routines to use when blue-slipping, as well as reminds students of policies and guidelines for responsible behavior.

    Violators of these policies may be subject to disciplinary action, including the revocation of the privilege of using College facilities for such events and/or referral to the Deans of Students or Committee on Student Conduct. The College reserves the right to involve law enforcement authorities and/or undertake legal proceedings against a student for the violation of this policy.

    The College will also use its counseling resources to help students involved with drugs and alcohol.

    • Possessing a weapon on campus
    Weapons prohibited on campus include but are not limited to: firearms, ammunition, BB or pellet guns and slingshots. These items are forbidden except by permission of the Bates College Security Office, which will register and store them.

    • Conduct that may result in fire or explosion
    Possessing or producing explosives and setting fires are prohibited. Any action that might cause a fire in a College building will be considered a serious offense and may be met with disciplinary action, including suspension or dismissal by the Student Conduct Committee. Firecrackers, flares and explosives are prohibited on campus. Misuse of fire extinguishers will incur a fine plus the cost of replacement and may lead to disciplinary action. Setting off a false fire alarm incurs a fine that increases for repeated incidents.

    • Disorderly conduct
    Conduct that infringes on the freedom and activities of others, or conduct that is disruptive, harassing or a nuisance may constitute disorderly conduct.

    • Conduct that disrupts normal operations of the College, and/or impedes access to College facilities

  4. Actions Against the Institution
    Conduct that involves the unauthorized accessing or alteration of documents and records controlled by the College, including class papers and examinations, may constitute an "action against the institution."

    Examples of Actions against the Institution include:

    • Altering a College I.D.
    • Tampering with College documents or records by hand
    • Information, network, computer and telephone violations
    Violations may include improperly accessing, or changing access to, or improperly changing information on or removing information from another's computer or telephone.

    Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access and trade secret and copyright violations, may be grounds for sanctions against members of the academic community. (From Using Software, published by EDUCOM, used with permission.)

    Any user who either accesses information to which they have no right or uses an excessive amount of system resources is acting in an unethical manner. The Computing Center reserves the right to take whatever actions are necessary to prevent a user from violating the rights of other users. Students who violate these standards for use of information, network and computers may also be subject to disciplinary action by the Dean of Students or the Student Conduct Committee. The Student Handbook provides a detailed description of the responsibilities of users of the College's computing resources.

    • Misrepresentation to gain access or use of a service or facility

    Violations may include lying in order to gain access to a College building, office or lab.

  5. Obstruction of College Disciplinary Procedures
    Conduct that interferes with investigation of alleged offenses, the process by which they are resolved or their outcomes may constitute an "obstruction of College disciplinary procedures."

    Examples of Obstruction of College Disciplinary Procedures include:

    • Refusing to identify oneself to a College employee in the pursuit of his or her duty or to comply with appropriate instructions (e.g., refusing to provide your name or to disperse when asked to do so by Campus Security.)

    • Refusing to appear before College administrators or security personnel charged with authority in matters of student conduct.

    • Knowingly providing false information during any phase of the student conduct process (including the investigatory stage) or conspiring with others to do so.

    • Harassing witnesses or others involved in the disciplinary process at any time during the student conduct process, including the time during which any penalty is in effect.

    • Violating the terms of any sanction imposed by appropriate authority (i.e. the Office of the Dean of Students or the Student Conduct Committee) in a disciplinary matter.

Part II Disciplinary Process

  1. Investigation of Complaints Alleging Misconduct
    All reports of misconduct shall be referred to the Dean of Students, who shall have the authority to investigate such reports and to bring charges against students. (The term "Dean" here and throughout this document includes the Associate Deans of Students.)

    1. The Dean calls students in for questioning at an initial stage of an investigation. Students are expected to cooperate with the Dean and must meet with the Dean when called upon to do so.
    2. Any student called upon to provide information in connection with a disciplinary matter may ask a current member of the Bates College community (i.e., students, faculty, staff) to serve as advi- sor, provided that this individual is willing and available to serve at the appropriate time (i.e., without significantly delaying the investigation). A student may have an advisor present when s/he meets with the Dean. At the point where an investigation of major misconduct focuses on an individual student as a probable violator of the Code, that student should be told by the Dean of his/her right to have an advisor and be encouraged to use the advisor. Any time a student meets with the Dean, and the Dean is investigating that student for potential disciplinary charges, the student should be informed of the nature of the meeting with the Dean.
    3. Students likely to serve as evidentiary witnesses are also to be reminded of their right to have an advisor when they meet with the Dean pursuant to an investigation. In cases involving an allega- tion of misconduct that falls into the category of "Actions Against Persons," the accusing party is likely to be an evidentiary witness and should be encouraged to seek an advisor. The accusing party may be another student or a College employee.
    4. The Dean should provide the accused student (and the accusing party in cases alleging Actions Against Persons) with another copy of the student conduct procedures.
    5. While the Dean is preparing to bring charges against a particular student in a case that will go to the Student Conduct Committee (SCC), the student and his/her advisor should be encouraged to meet with the Judicial Educator, who explains the disciplinary process (see Part III, A, 2). The stu- dent bears the responsibility for deciding whether and when to exercise this right to meet with the Judicial Educator.

  2. Procedures for Resolving Alleged Misconduct
    A formal hearing before the Student Conduct Committee is not the only method for resolving disputes between members of the College community. The College provides several methods for addressing alleged violations of the Code of Student Conduct.

    1. Dorm or House Councils Student-run Dorm or House Councils are often appropriate venues for resolving some kinds of student misconduct, especially issues related to daily life in a dormitory. Examples include: minor cases of dorm damage, noise disputes, and misuse of housing facilities.

      Dorm or House Councils should function as mediative bodies rather than punitive ones. They may attempt to resolve disputes and, if they are unsuccessful, elect to send a dispute to the Deans. For example, the Dorm Council could determine how to allocate a dorm damage bill among two or more students believed to be responsible for damage. If the students agree to the terms, they pay the bill. If the matter cannot be resolved, then it could be sent to the Deans. In extreme cases , a Dorm Council may recommend to the Deans that a disciplinary hearing be held to determine whether a student has engaged in conduct that warrants removing the student from campus housing.

      The operation of Dorm or House Councils is subject to oversight by the Dean of Students Office.

    2. Dean's Review
      The Dean shall have authority to render decisions in minor cases of misconduct. The Dean may refer any case to the Student Conduct Committee.

      A minor case of misconduct is any case wherein, in the judgment of the Dean, appropriate disciplinary action if taken would involve only some form of censure or required action (as explained in Section C below). These penalties may include, but are not limited to, letters to a student's file, loss of various privileges, referral to counseling, community service, or removal of a student from College housing or dining.

      The "Dean's Review" method of resolution is not a formal hearing. Rather, it provides an opportunity for a student accused of minor misconduct to meet with the Dean, discuss the allegations of misconduct, and have the Dean determine the appropriate penalty. Any student called upon to speak to the Deans in connection with a disciplinary matter may ask another member of the current Bates College community to serve as his or her advisor (see Part III, A, 1. below).

      The decision in a minor case of misconduct shall not be recorded on the student's permanent record, but will remain in the student's confidential file until graduation. The Dean shall send the student a letter identifying the misconduct, stating the Dean's decision regarding penalties, and notifying the student of the right to appeal to the Student Conduct Committee.

      If the Dean makes a decision in a minor case of misconduct that the student accused of misconduct feels is unjustified, that student may appeal the decision to the Student Conduct Committee. The student appealing the decision must submit the appeal in writing to the Chair of the SCC within two class days from the time at which the original decision was communicated to him or her by the Dean. The Committee will act on this appeal using the full procedures outlined herein. The Committee may affirm, reverse, or otherwise modify the original decision of the Dean. In such cases, the information obtained at the Dean's Review would be admissible at the Student Conduct Committee hearing.

      When the Dean makes a decision in a minor case, the Dean shall provide the Chair of the SCC with a report of the case and its disposition. The Chair may bring the case to the Committee for discussion.

      The accused student retains the right to insist on a hearing before the Student Conduct Committee.

    3. Mediation
      Some cases now brought before the Student Conduct Committee involving disputes between two individual students could be better served by a less adversarial approach than a hearing before the SCC.

      Mediation may be made available by the Dean when all of the following conditions are met:

      • The case involves social misconduct. Mediation is not available in cases involving academic misconduct.
      • The investigation of the case has been carried far enough for the Dean to have sufficient information to bring the matter to a Student Conduct Committee hearing or a Dean's Review. This ensures that if the parties are not able to complete mediation s uccessfully, the Dean is prepared to move forward if he or she chooses to do so.
      • The Dean, in consultation with the Chair of the Student Conduct Committee, approves sending the case to mediation.
      • Both parties agree to mediate their dispute. Each party has two class days to decide whether s/he is willing to engage in mediation.
      • A mediator meets with each party to determine openness to mediation and whether mediation is being entered into voluntarily.

      In a case where mediation is offered, the students involved in the case must be made aware of whether the Dean considers the matter to be a violation of College policy, as well as whether the matter would likely be resolved by a Dean's Review or by the Student Conduct Committee. The Dean informs the student against whom the grievance has been brought of the nature of the matter to be addressed during mediation.

      If all parties agree to mediation, they are provided with a list of available trained mediators, and they are given an opportunity to cross names off this list. If more than one name remains on both students' lists, the mediator can be chosen by mutual consent of the parties to mediation or by rotating service among the mediators. If the parties to mediation find none of the available mediators acceptable, this is equivalent to refusing mediation. Once the mediator is assigned, the Dean sends a letter of conveyance to the mediator confirming that the parties have agreed to mediation and setting forth briefly the basic issue or situation to be addressed.

      The mediation process itself is confidential. During mediation, the mediator may meet privately with either party (and their advisors). Such conversations are strictly confidential. Should mediation fail and an SCC hearing subsequently be held, none of the parties to the mediation (including the mediator) may testify about statements made by another party during mediation.

      Terms of the mediation agreement do not include letters of censure, probation, suspension or dismissal.

      If mediation is successful, both parties sign the agreement and the matter is considered resolved. The terms of the mediated agreement are kept on file with the Dean in the event a dispute arises in the future over enforcement of its provisions. Either student can bring the other's failure to abide by the agreement's terms to the attention of the Dean. The Dean determines the appropriate method of resolving the alleged abridgment: the Dean may resolve it, bring it back to the mediator for clarification and/or renegotiation, or refer it to the SCC.

      If the mediator determines that the process has irremediably broken down and an agreement cannot be reached between the parties, then the case is sent back to the Dean and the Dean determines whether to bring the case to SCC, to resolve it with a Dean's Review or to take no further action at this time.

    4. Student Conduct Committee
      Cases of misconduct that are not resolved by Dorm Councils or Mediation and are more serious than can be resolved by a Dean's Review are heard by the Student Conduct Committee (SCC). All major cases of misconduct shall be referred by the Dean to the Student Conduct Committee. A major case of misconduct is any case wherein, in the judgment of the Dean, appropriate disciplinary action if taken might involve probation, suspension or dismissal. The SCC may make use of any of the penalties in Section C below.

      The SCC is charged with the authority to hold hearings, to determine whether or not a violation of College policy has occurred, and to mete out appropriate penalties.

      Students whose misconduct is addressed through an SCC hearing have an opportunity to offer their account of the events in question and can provide the Committee with relevant information which might explain the conduct. The Committee may also hear from several types of additional witnesses, described below in b.5. Students charged with misconduct have an opportunity to respond to information provided by others at the hearing.

      The SCC deliberates in closed session to determine whether a violation of College policy has occurred. The Committee also decides what penalties are to be imposed.

      1. Composition and Training of the SCC
        1. The SCC is comprised of five voting student members, five voting faculty members, and an additional member of the faculty serving as chair and voting only in the case of a tie. Faculty Committee members are selected by the Faculty Committee on Committees and appointed by the President. Student Committee members are elected by the Representative Assembly, following recommendations from the RA Committee on Committees. Every member hears cases brought before the Committee unless a member is excused or recused. A quorum for a hearing is seven Committee members. Ordinarily, a member may not join a hearing already in progress.
        2. The accused student and the accusing party (in cases alleging Actions Against Persons) may petition the Chair of the SCC at a pre-hearing conference to remove, on the basis of actual bias, any standing SCC member from the upcoming hearing (on the pre- hearing conference, see b, 4 below). Opposition to any member's participation must be based on a specific and actual bias- related to the individual or to the event in question. Challenges must be made at the pre- hearing conference with the Chair of the SCC. The decision whether to remove a Committee member from a hearing panel is at the sole discretion of the Chair. A Committee member should be removed from a panel only when, in the judgment of the Chair, the member's presence would seriously compromise the fairness of a hearing. If bias is alleged against the Chair, then the Dean of Faculty will rule on removing the Chair from the hearing panel. If the Chair is removed, the SCC will elect one of the remaining faculty on the Committee to serve as Chair for the hearing.
        3. The College offers a training process and an orientation for the SCC to better prepare its mem- bers to hear cases. This process is designed to assure the community that the members of the SCC have a full understanding of the Code of Student Conduct and of the scope of the Committee's authority. This training should also includes acquaintance with sentencing precedent. Before deliberating on the penalty for a particular case, the SCC must be aware of the kinds of penalties used in prior cases of a similar nature. The SCC is certainly not bound by such precedent, but this information provides important guidance. SCC training shall also stress the importance of confidentiality by all parties.
        4. Each member of the SCC shall also receive training on the topics of i) racial harassment and assault, and ii) sexual harassment and assault. No member of the SCC may hear a case that concerns these matters until they have completed this training.

      2. SCC Hearing

        All authority for further deliberation and judgment in cases referred by the Dean to the Student Conduct Committee rests with that Committee. The Dean will aid the Committee in further investigations that the Committee might authorize.

        The Student Conduct Committee conducts its inquiry and deliberations through a two- step process: (i) a closed hearing, during which all evidence upon which the Committee will base its subsequent decisions shall be introduced; and (ii) a closed Committee session during which the evidence introduced at the hearing shall be considered by the Committee, and during which both a decision regarding student involvement in the alleged misconduct and a decision regarding disciplinary action shall be reached.

        1. In cases referred to the SCC, the Dean informs the student in writing of the charge, with the alleged misconduct stated with sufficient specificity to allow the student to prepare to answer the charge. At this time the Dean also informs the student that s/he may pick up at the Dean's Office a copy of any documentary evidence currently in the Dean's possession.
        2. In cases appealed from a Dean's Review to the SCC, the student is informed in writing of the Chair's understanding of the Dean's original decision. This notice originates from the Chair of the Student Conduct Committee. The Committee acts on the appeal using the full procedures outlined below. The SCC may affirm, reverse or otherwise modify the original decision from the Dean's Review.
        3. The notice of a Student Conduct Committee hearing also states the time and date of the hearing, which shall be held between 2-5 class days from the time of notification. However, in exceptional circumstances involving health, safety, or disruption of the educational process, the Chair of the SCC, in consultation with the Dean, may hear cases without regard to this 2-5 class day time period. The President has the authority to cause a case to be heard earlier or later in exceptional circumstances.
        4. Prior to the hearing, the Chair of the Committee meets with the accused student to assure the student's understanding of his or her rights and of the pending procedures. The Chair also meets separately with the accusing party in cases involving allegations of Actions Against Persons. These "pre-hearing conferences" have several functions: to hear challenges to SCC hearing panel composition based on actual bias (see sub-section a. 2 above), to answer questions regarding the hearing process, to provide lists of witnesses to the Chair, and to allow the Chair to preview the scope of witness testimony. Decisions regarding each of these issues are at the sole discretion of the Chair.
        5. There are three types of witnesses who may be called to testify at an SCC hearing: "evidentiary," "character," and "expert." Evidentiary witnesses have direct knowledge of events and circumstances relevant to the case. Character witnesses testify regarding the character of the person who has requested theirappearance (either the accused student or an accusing party in cases alleging Actions Against Persons). Expert witnesses may address the Committee about general issues relevant to the case. Expert and character witnesses must be members of the Bates community (i.e. current student, faculty or staff). Evidentiary witnesses may be accompanied to the hearing by an advisor from within the Bates community.
        6. The Chair, on behalf of the SCC, has the power to call witnesses to provide testimony at the hearing. All witnesses are notified by the Dean of the time and place of the hearing. Any student with knowledge of alleged misconduct may provide to the Dean names of possible evidentiary witnesses, and the Dean provides to the Chair a list of those who will testify regarding the facts of the case. The accused student and the accusing party, in cases alleging Actions Against Persons may each propose to the Chair that the Committee call one character witness and one expert witness. The Chair of the SCC should be notified in advance of the hearing, preferably at the prehearing conference, as to whether expert witnesses are being proposed, who they will be, and what their testimony will concern. When a witness is proposed after the pre-hearing conference, the Chair must be notified and should speak with the party proposing the witness in order to determine the scope and relevance of the testimony. Questions about the scope of testimony to be admitted at the hearing fall within the discretion of the Chair, who may consult with the Committee in making these determinations.
        7. On the morning of the SCC hearing, the accused student, and the accusing party in cases alleging Actions Against Persons, may pick up at the Dean's Office the current list of witnesses who will appear at the hearing. Names may be added to the witness list after this time, if the Chair judges that their testimony will be helpful to the SCC. Copies of any new documentary evidence (in addition to that available at the time the letter of charge was issued, per 1. above) should also be picked up at this time.
        8. A student accused of misconduct who has been properly notified of the Committee hearing and who fails to appear shall be considered to have waived the right to be heard by the Committee, and the hearing may proceed without him or her.
        9. The student may be accompanied to the hearing by an advisor from within the Bates community (see Part III, A, 1).
        10. The hearing shall be private. Only the members of the Committee, the Dean, the accused student and his/her advisor are present. Witnesses may be present only as they are called to testify. An accusing party in cases alleging Actions Against Persons, and his/her advisor, may be present during any testimony which relates directly to him/her. Discretion on these matters rests with the Chair of the Committee.
        11. Each member of the Committee and the Dean shall have the opportunity to question all witnesses. The accused student may question all witnesses through the Chair. In cases alleging Actions Against Persons, the accusing party may also question witnesses through the Chair when testimony relates to that student. The Chair may instruct a student or witness not to answer questions which the Chair deems to be irrelevant or improper.
        12. At the conclusion of all testimony and statements, the Committee meets in closed session to determine whether or not the student accused of misconduct has violated the Code as charged. For the Committee to find a violation of the Code, this finding must be supported by the weight of the evidence. The Dean is not present during the Committee's deliberation and its vote. Individual cases should be heard on their own merits and not be used to set College policy, except as an incidental result of the Committee's decision.
        13. If the Committee finds that a violation of the Code has occurred, it continues to meet in closed session to determine the penalty. During penalty deliberation the Dean may be called back to provide nonevidentiary information as requested by the Committee. The Dean will not participate in or make recommendations concerning penalties discussed and/or voted on by the Committee. The student accused of misconduct and his/her advisor may be present at the initial stage of the penalty deliberation to respond to nonevidentiary information provided by the Dean to the Committee from the student's file. The Committee may ask questions of the student based on the information conveyed from the file or the student's response to that information.
        14. When a student is found to have violated the conduct code, the Chair of the SCC shall orally convey to the student the Committee's rationale for its decisions with regard both to the violation and to the penalty.
        15. Decisions of the Committee on Student Conduct shall be final, subject only to appeal by the accused student.
        16. Any action decided upon by the Committee shall take effect two class days after the decision is made unless otherwise stated by the Committee, or unless the Committee decision is appealed.

      3. Statement on Confidentiality and Public Reporting

        All participants to a disciplinary hearing are reminded of their obligation to maintain confidentiality. The names of individuals involved in a case as well as testimony, evidence, and discussion shall remain confidential.

        The formal charge and Committee decision are considered public information. The Dean, in cooperation with the Chair of the SCC shall maintain a file of cases heard by the Committee, including formal charges, decisions of the Committee, and any penalties imposed. In appealed cases, actions taken by the ad hoc Appeals Panel also are included. This file shall be available for inspection by any member of the College Community. The Chair of the SCC reports to the Faculty at the last regular Faculty meeting of each semester on all action taken by the SCC since the preceding report. This information may be published in the Bates Student.

        The Dean shall be exempt from the rule of confidentiality in responding to inquiries specified in the regulations contained in 34 C.F.R. ó99.31, issued pursuant to authority of the Family Educational Rights and Privacy Act (20 U.S.C. ó1232(g)), as from time to time are applicable.

      4. The Dean's Role Post-Hearing

        After a disciplinary matter has been resolved by the Student Conduct Committee, the Deans are often called upon to continue their involvement in a case.

        A student found by the Committee to have violated the Code must abide by the penalties imposed by the Committee. Failure to abide by the terms of SCC penalties should be brought to the attention of the Dean for investigation and possible further disciplinary action. Any penalty imposed by a Dorm Council or Dean's Review, and any terms/conditions of Mediation, are similarly enforceable. If a student has appealed his/her penalty as imposed by the SCC, any prohibitions against contact between the accused student and any other witnesses remains in place. The student should refrain from contact with any members of the SCC and the Appeals Panel. Any attempt to influence or intimidate should result in investigation and further disciplinary action.

        In most cases, the Office of the Dean of Students releases information on the charge and decision of the Committee to the campus community via the Bates Student. In some instances, for example where a case involves situations or charges which have not been brought before the SCC in the past, the Committee may choose to issue an explanation of the general policy which was followed in coming to their decision in the case. The Student Conduct Committee is restricted from speaking about the specific details of any case by confidentiality rules which protect the privacy of all students involved in the case. The function of educating the student body regarding the rules and obligations of student life is essentially the responsibility of the Dean of Students Office and takes place outside the context of specific case hearings.

      5. Status of Student During the Disciplinary Process

        Pending a hearing or appeal, the status of a student accused of misconduct shall not be altered, nor shall his/her right to be present on campus or attend classes be suspended, except as deemed necessary by the President (or his/her designee) to insure the physical and/or emotional safety of the members of the College community or to protect College property. However, during this time the Dean may impose on the accused student, prohibitions against contact with an accusing party, other witnesses, or certain other members of the Bates community.

  3. Disciplinary Actions

    The normal actions taken on student misconduct are as follows:

    1. Censure. Penalties involving censure are available to the Dean at a Dean's Review, as well as to the Student Conduct Committee. The term "censure" applies to a variety of actions resulting in loss of privileges and/or letters to a student's file and may include any one or any combination of the following actions:

      1. Loss of the privilege of participating in any public function (e.g., literary, dramatic, forensic, radio, television, musical, or athletic) wherein the participant will be thought of as a representative of Bates College;
      2. Loss of housing or dining privileges on campus;
      3. Loss of privilege of participating in social or ceremonial events on campus;
      4. Loss of the privilege of maintaining a motor vehicle on campus;
      5. A requirement that a student resign membership in or any or all offices, elected or appointed, held in campus organizations;
      6. A letter from either the Dean or the Chair of the Student Conduct Committee with a copy to the¾parents or guardians;
      7. Any other restriction (except probation, suspension or dismissal) that seems appropriate to the offense.

    2. Required Action. Penalties that require a particular action of a student are available to the Dean at a Dean's Review, as well as to the Student Conduct Committee. This may include requests to attend various forms of counseling or education training sessions. A student may be told by the Committee or the Dean to engage in some form of community service (this service may take place either on or off the Bates campus, or both). The Committee or Dean may either specify the terms of such counseling, education or service, or may designate another individual or body to determine appropriate terms.

    3. Disciplinary Probation. The term "disciplinary probation" means that a penalty of suspension or dis- missal is held in abeyance and will take effect only after the Committee finds that the student has committed a further offense. If a student already on disciplinary probation comes before the Committee for a second case of misconduct and is found to have violated the Code of Student Conduct again, the first penalty held in abeyance now goes into effect. The Committee also may take additional action on the second offense. Disciplinary probation is not recorded on the student's permanent record, but will remain in the student's confidential file until graduation.

    4. Suspension. The Committee may suspend a student for a specified period of time, or indefinitely. The Committee also may impose conditions to a student's readmission to the College. A student who is suspended must leave the campus and may not return until the suspension is revoked. Unless other- wise specified, the suspension goes into effect immediately (within two class days) and the student is dropped from all courses. In some cases, the Committee may decide to defer the suspension until the end of the semester. Any student who is suspended must return his or her College I.D. to the Dean of Students Office. Suspension will be noted on the student's official transcript, but only during the time that it is in effect.

    5. Dismissal. The Committee may dismiss (i.e. expel) a student. This severs with finality a student's connection with the College. Dismissal will be noted on the student's permanent record and on the student's official transcript.

      In determining appropriate penalties, the Student Conduct Committee may well decide that some combination of these penalties should be imposed. The Committee's penalty decisions should specify any special conditions. Unless otherwise provided for by the committee, all penalties go into effect two class days after the hearing.

  4. Appeals

    1. A student found to have violated the Code who wishes to appeal a decision of the Student Conduct Committee must make the appeal in writing to the President within two class days from the time the student is told of the Committee's decision. This le tter must state clearly the specific ground(s) on which the appeal is being made.

    2. The grounds for appeal include the following:

      • The hearing was not conducted fairly and in accordance with College procedure and policy, as outlined in the Code.
      • Sanctions imposed by the SCC were grossly inappropriate.
      • New evidence has come to light which would have been sufficient to alter the Committee's decision.

      At least one of these three grounds for appeal must be cited by the student in his/her letter of appeal.

    3. The Chair of the Student Conduct Committee provides a written statement to the ad hoc Appeals Panel, approved by the Committee, which sets forth the rationale for the Committee's decision in the case now being appealed. This statement should presen t the rationale both for the finding that the student violated the Code as charged and for the Committee's decision on penalty.

    4. Any time the President is absent, the Dean of the Faculty may act in his/her place for purposes of the appeals process. In this case, the Dean of Faculty appoints one member of the faculty to serve on the ad hoc Appeals Panel. When the Dean of Faculty is absent, the President may appoint a member of the Faculty or Administration to act in his/her place.

    5. Upon receipt of an appeal, the President establishes a five-member ad hoc Appeals Panel constituted as follows.

      1. The President
      2. The Dean of the Faculty
      3. Three faculty members: one selected by the Committee on Committees and approved by the President who will serve for the year as the standing faculty member on all appeals committees, a second chosen by the appellant student, a third chosen by the other two faculty members in consultation. The President shall be chair of the ad hoc Appeals Panel. No faculty member who has been involved in any way in the original SCC hearing shall be a member of the ad hoc Appeals Panel. If the standing member cannot be present for the appeal, or has been involved in any way in the original hearing, the standing member will be replaced by a designee of the President.

    6. All authority for further deliberation and judgment of an appeals case rests with the duly constituted ad hoc Appeals Panel. The ad hoc Appeals Panel will decide upon the scope and procedures of its deliberations.

    7. The ad hoc Appeals Panel may affirm, reverse, or otherwise modify any prior decision of the Committee on Student Conduct, provided that no punishment shall be increased upon appeal. The ad hoc Appeals Panel may, in unusual circumstances, confirm the judgment of a penalty, but hold its implementation in abeyance for a prescribed time (e.g. until the end of the semester). If a penalty is held in abeyance, the Appeals Panel shall stipulate the specific conditions, the period of abeyance, the restrictions on the individual during the period of abeyance, and the conditions of its implementation upon completion of the period of abeyance.

    8. The decision of the ad hoc Appeals Panel is the final decision of the College on the matter.

    9. The President, through the Dean of Students, shall notify the student of the outcome of the appeal.

    10. The President shall report to the faculty on action taken by the ad hoc Appeals Panel. Ordinarily this is done at the next faculty meeting subsequent to a decision.

Part III Resources, Rights and Responsibilities

  1. RESOURCE PERSONS

    1. Advisor
      Any student called upon to provide information in connection with a disciplinary matter may ask a current member of the Bates College community (i.e., students, faculty, staff) to serve as advisor, providing that this individual is willing and available to serve at the appropriate time (i.e., without significantly delaying the investigation and/or hearing). It is up to the student to decide whether and when s/he want an advisor present; the student may choose not to exercise this option.

      The role of the advisor is one of support. The advisor should assure that the student clearly understands all questions asked, and that the student clearly communicates his or her account of events. The advisor may wish to contact the Judicial Educator or the Chair of the Committee to gain fuller understanding of the disciplinary process. The advisor assists the student prior to the disciplinary hearing, attends the pre-hearing conference with the Chair, and is present with the student while the student is before the Student Conduct Committee. The advisor also may help the student identify appropriate witnesses. During the hearing, the advisor may pose questions to witnesses through the Chair and may make a statement to the SCC at the end of the hearing.

      An individual who is scheduled to appear before the Student Conduct Committee as an evidentiary or expert witness may not act as an advisor. In the event that the student's advisor has been asked to serve as a character witness, this testimony is presented at the conclusion of the hearing.

    2. Judicial Educator The Judicial Educators serve as resource persons, not currently associated with the SCC or the Dean of Students Office, who are available to explain the disciplinary procedures of the College. Ordinarily, the Chair of the Student Conduct Committee shall recommend and the President appoint two former members of the Committee to serve as Judicial Educators for each academic year.

      While the Dean may provide the student with an initial outline of the disciplinary process during the investigation, any student or faculty person involved in a conduct case (including witnesses and advisors) may make use of a Judicial Educator to answer questions about the College's conduct procedures.

      The Judicial Educators are available to students even before an investigation is begun by the Deans. For example, a student who has a grievance against another student may wish to speak with a Judicial Educator to learn what her/his options are for pursuing the matter on campus. When a charge is brought, the accused student (and the accusing party in cases alleging Actions Against Persons) should be encouraged by the Deans to meet with a Judicial Educator, but such a meeting is not mandatory.

    3. Mediators The College provides trained mediators. When mediation is presented as an option, a mediator meets separately with each student (and that student's advisor if s/he chooses to have one) to describe the process. As noted above, this meeting plays an important role in determining whether the parties are genuinely interested in mediation and in ensuring that they enter into mediation only after hearing an explanation of the process.

  2. SUMMARY OF STUDENT RIGHTS AND RESPONSIBILITIES

    1. Accused Student's Rights and Responsibilities Students accused of misconduct have opportunities to make decisions affecting their own welfare throughout the process by which an allegation of misconduct is resolved. This is fundamental to the principles of fairness upon which the Code and its procedures are constructed. A student accused of either academic or social misconduct always has the right to be heard ã to present his/her side of the story. Specifically, each student subject to disciplinary action has the following rights and responsibilities:

      1. The right to notification of the charges with sufficient specificity to allow for preparation to defend against those charges.
      2. The right to be accorded the procedures outlined in the Code of Student Conduct, including a pre- hearing conference at which the student may challenge, on the basis of actual bias, the presence of any member of the SCC at the hearing; to meet with a Judicial Educator and to have an advi- sor, if s/he so chooses; and the right to propose evidentiary witnesses, one character witness, and one expert witness.
      3. The right to adjudication of charges at a hearing.
      4. The right to attend the hearing, to make a statement to the Student Conduct Committee, and to question witnesses through the Chair.
      5. The right to respond to all statements, testimony or other evidence offered at the hearing. (However, the accused may not make statements while witnesses are testifying and being questioned.)
      6. The right to be free from harassment from the accusing party or other witnesses (or parties acting on their behalf) at any time during or after the investigation and hearing.
      7. The right to appeal a decision of the Student Conduct Committee to the ad hoc Appeals Panel.
      8. The responsibility to refrain from contact (direct or indirect) with accusing party or other witnesses, or with members of the Student Conduct Committee, when so directed by the Dean, the Student Conduct Committee or its Chair.
      9. The responsibility to make a good-faith effort at mediation when the option of mediation is chosen by all parties as an alternative method of resolution.
      10. The responsibility to abide by the instructions of the Chair of the Student Conduct Committee, including instructions regarding witness testimony. (The Chair of the SCC always has the authority to remove from the hearing any individual whose conduct unduly interferes with the proceedings.)
      11. The responsibility to testify truthfully at the hearing.
      12. The responsibility to abide by the terms of a mediation agreement or by any penalties determined by the Student Conduct Committee, a Dean's Review, a Dorm or House Council.

      The accused student may consult with an attorney, but that attorney may not be involved in the College's disciplinary processes. In the very specific circumstance where the College has initiated disciplinary proceedings while a serious criminal case (arising out of the same conduct) is pending against the student in court, the student shall be allowed to have an attorney present during the College disciplinary proceeding. Even then, any attorney retained by the student has an extremely limited role as an advisor: the attorney may not make statements or ask questions at the hearing, but is simply available to advise the student during the proceedings.

      Note: The Committee Chair always has the right to remove from the hearing any individual, including an attorney, whose conduct unduly interferes with the proceedings. In the event that an accused student plans to have an attorney attend the Student Conduct Committee hearing, s/he must inform the Chair in a timely manner so that the College can determine whether it wants its own attorney present.

    2. Accusing Party's Rights and Responsibilities (The rights and responsibilities described in this section are equally applicable, where relevant, to students and to faculty or other College employees who accuse a student of misconduct.)

      While all cases which are brought before the Student Conduct Committee are presented by the Dean, in some cases there is a principal witness who alleges to have been injured by the accused student. This second party, the "accusing party," also has much at stake at the disciplinary hear- ing, and has certain rights that the process must respect. For purposes of a Student Conduct Committee hearing, a student or College employee who accuses a student of misconduct is an evidentiary witness (as distinguished from a character or expert witness). In cases involving a charge of "Actions Against Persons," the accusing party has a particular set of rights and respon- sibilities, noted below at c. and d.

      1. The right to bring to the attention of the Dean an incident of misconduct by another student. This does not include the right to insist on a hearing before the Student Conduct Committee, since it is the Dean who has authority to conduct an investigation and to determine whether a case should go forward.
      2. The right to meet with a Judicial Educator and to have an advisor, if s/he so chooses.
      3. In cases of misconduct involving Actions Against Persons: the right to meet with the Chair of the SCC at a pre-hearing conference at which the accusing party may challenge, on the basis of actual bias, the presence of a member of the SCC at the hearin g; to make a statement at the hearing; and to propose evidentiary witnesses, one character witness, and one expert witness; the right to be present during any testimony which relates directly to him/her and the right to pose questions through the Chair wh en the testimony relates directly to the accusing party; the right to be informed of the decision of the Student Conduct Committee. (The right to be present at the hearing is not absolute, however; the accusing party may not make statements while witnesses are testifying and being questioned.)
      4. In cases specifically involving allegations of sexual assault, the accusing party has rights comparable to those of the accused student throughout any disciplinary process.
      5. The right to be free from harassment from the accused student or other witnesses (or parties acting on their behalf) at any time during or after investigation and hearing .
      6. The responsibility to testify truthfully at the hearing.
      7. The responsibility to refrain from contact (direct or indirect) with accused student or other witneses or with members of the Student Conduct Committee, when so directed by the Deans, the Student Conduct Committee, or its Chair.
      8. The responsibility to make a good-faith effort at mediation when the option of mediation is chosen by all parties as an alternative method of resolution.
      9. The responsibility to abide by the instructions of the Chair of the Student Conduct Committee, including instructions regarding witness testimony. (The Chair of the SCC always has the authority to remove from the hearing any individual whose conduct u nduly interferes with the proceedings.)

      Both the accused and accusing parties are reminded that they have a number of resources available to them when instances of misconduct are being addressed by the College. As specified in the rights and responsibilities above, both have available to them the Judicial Educator as well as an advisor from within the Bates community. There are also resources outside the College of which they may avail themselves. Any person who feels s/he has been the victim of a crime always has the option of going to local law enforcement officers and pursuing the case through the criminal court system.

      The accused or accusing parties may benefit from meeting with a psychological, religious or substance-abuse counselor to discuss difficult issues and problems raised by the alleged incident of misconduct. While counselors are available through the College and confidentiality is maintained, in some instances parties to a conduct case may feel more comfortable seeking the assistance of someone not associated with the College, and they should feel free to do so.


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Last modified: 9/16/99 by Ngan Dinh