Community Standards

Student conduct process

I) STUDENT CONDUCT SYSTEM

Hobart and William Smith seeks to create an environment that promotes the intellectual and personal development of their students. Hobart and William Smith are simultaneously responsible for protecting the individual rights of students, staff, and faculty and meeting the general needs of the community. The policies pertaining to the community, academic issues, personal and safety issues, and general administration of Hobart and William Smith reflect and establish the standards and expectations for all members of Hobart and William Smith in order for these goals to be obtained.

The student conduct process is yet another aspect of the educational and developmental process at Hobart and William Smith. It is intended to instill and reinforce the values and the policies of the community and to further students’ knowledge about the standards of Hobart and William Smith and their development of behaviors that are appropriate in a learning community. The process should facilitate students’ understanding of the principle that individual freedom is tied to an acceptance of full responsibility for one’s actions and the associated consequences. In particular, the process should promote the development of respect for others, ethical judgment, and a sense of responsibility for what occurs in Hobart and William Smith community.

Students are not only members of Hobart and William Smith community but also are members of the larger society. In cases where a student’s behavior violates local, state, or federal law, the student may become involved in civil or criminal proceedings independent of Hobart and William Smith proceedings, as well as Hobart and William Smith student conduct system.

II) CRIME STATISTICS

Crime statistics reported to campus authorities are reported annually to the federal Department of Education and distributed to all faculty, students and staff by Oct. 1 of each year. The report is maintained on Hobart and William Smith website.

In compliance with Article 129-A of the New York State Education law, “The Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the United States Department of Education.” Requests for campus crime statistics should be directed to the Director of Campus Safety at 315-781-3000.

III) CONDUCT AUTHORITY

A) Disciplinary authority arises with the Board of Trustees and is vested in the Vice President for Campus Life (VPCL). The VPCL may, at their discretion, direct cases to be adjudicated by hearing boards or officers.

B) The VPCL, or a designee, may impose conditions on a student’s continued relationship with the College during the conduct process. Established time limits and any other aspects of conduct processes or proceedings may be altered at the discretion of the VPCL.

IV) JURISDICTION OF HOBART AND WILLIAM SMITH

Hobart and William Smith may begin conduct proceedings against any student, whether enrolled or on-leave, who has violated these Community Standards or any other policies of Hobart and William Smith, whether the behavior occurred on or off campus. By voluntarily choosing to affiliate with Hobart and William Smith, students accept the responsibility to comply with the regulations outlined in the Community Standards, federal, state, and local laws and ordinances, and other published policies, which apply to behavior both on and off campus. Therefore, Hobart and William Smith jurisdiction and discipline shall generally include conduct which occurs on and off Hobart and William Smith premises or which adversely affects members of Hobart and William Smith community or the pursuit of Hobart and William Smith mission.

V) DEFINITIONS

In addition to terms defined elsewhere in this procedural document, the following terms have the meanings set forth below:

The term Complainant refers to the person who allegedly experienced conduct in violation of HWS policy.
The term Reporting Individual refers to a person who reports alleged misconduct. This may or may not be the same as the Complainant, and may be a witness, a bystander, or someone else with information about the alleged misconduct.
The term Respondent refers to the person or organization alleged to have committed misconduct.
The term Witness refers to an individual with direct, observational knowledge of a specific complaint.

VI) REPORTING OPTIONS

Any member of the Hobart and William Smith community may file a complaint against a student for alleged violation of the Community Standards. Hobart and William Smith may also institute a complaint, with a campus safety incident report or other appropriate documentation serving as the initiating document. Complaints may be formally filed via incident reports with the administration, incident reports with a paraprofessional staff member (i.e., community assistant), Campus Safety reports, Police Reports or neighborhood disturbance reports, among others. All complaints should be filed as soon as possible after an alleged violation of the Community Standards and directed to the reporting parties below.

Any person who has experienced Prohibited Conduct is encouraged to understand their options and to seek support for their emotional and physical needs and/or to report to HWS for investigation and resolution.

A) Confidential Resources:
A person seeking confidential emotional support or healthcare may contact the following resources. Sharing information with a Confidential Resource listed below) does not constitute a report to Hobart and William Smith and will not result in an investigation or in any remedial or disciplinary action. Students may contact:

1. Counselors from the Counseling Center, located at 91 St. Clair St., are available for appointments by calling 315-781-3388 or via email at counselingcenter@hws.edu.
2. Crisis Counselors are available 24 hours a day by calling 315-781-3388 and choosing option 1.
3. The Spiritual Engagement Office Staff, located in Demarest, please contact their office at 315-781-4637 for spiritual assistance.

B) Reporting Parties
Because Confidential Resources are there to support emotional, physical and spiritual needs and not to serve as part of Hobart and William Smith disciplinary process, any person who desires for Hobart and William Smith to take investigatory/disciplinary action must make a report to any of the Reporting Parties, listed below:

1. The Title IX Coordinator, the Deputy Title IX Coordinators, and all other Title IX office staff;
2. The Office of Campus Life, including
- Vice President for Campus Life
- Associate Vice President for Campus Life and Dean of Student Wellness and Support
- Director of Community Values and Conflict Resolution
3. Campus Safety
4. Student Activities & Greek Life staff,
5. Housing & Residence Life professional and student staff,
6. Hobart and William Smith Office of the Deans staff;
7. Human Resources professional staff;
7. The Provost of Hobart and William Smith, and
8. The Vice President for Diversity, Equity, and Inclusion.
Online Reporting Options
You may also use one of Colleges’ online reporting forms. The forms provide the option for you to report anonymously or non-anonymously. Providing anonymous information may help Hobart and William Smith maintain accurate records regarding the number of incidents involving students, employees, and third parties; determine if there is a pattern of conduct with regard to a particular location or person; and alert the campus community to potential dangers when appropriate. Depending on the amount of information available in the anonymous report, however, Hobart and William Smith ability to respond with an investigation or disciplinary action may be limited.

VII) INTERIM MEASURES

Initial or interim measures may be implemented in appropriate circumstances. The Vice President for Campus Life or their designee will determine such remedies as are necessary to protect the safety or well-being of any member(s) of the campus community. Initial or interim measures are intended to address the immediate and ongoing effects of Prohibited Conduct, or to prevent further harm to the alleged complainant and to prevent further violations. These remedies may include:

1. referral to counseling and health services,
2. education to the community,
3. altering the housing situation of one or more of the involved students,
4. altering work arrangements for student employees,
5. providing campus escorts,
6. implementing contact limitations (such as no contact and active avoidance orders) between the parties,
7. recommending adjustments to academic deadlines to faculty,
8. adjusting course schedules and registration, etc.
9. In circumstances where the safety or well-being of any member(s) of the campus community may be jeopardized by the presence on campus of the Respondent or the ongoing activity of a student organization whose behavior is in question, Hobart and William Smith may, for the interim, suspend a student or organization pending completion of the investigation and procedures.

Interim measures may be appealed based on the appeal process listed in Hobart and William Smith Community Standards.

VIII) INVESTIGATION

In cases where a report appears to allege a violation of Hobart and William Smith Community Standards, Campus Safety will participate in a fact-finding investigation. Hobart and William Smith reserve the right to consult with legal counsel throughout the complaint resolution process, and to utilize external investigators and/or adjudicators if warranted in the discretion of the Vice President for Campus Life. An initial report of alleged behavior may begin the Conduct Process.

IX) RESOLUTION

Once an investigation is completed, the investigator(s) will share reports with the Vice President for Campus Life or their designee, typically the Director of Community Values and Conflict Resolution. If it is determined that the alleged incident is more properly handled pursuant to another of Hobart and William Smith policies or procedures, such as the Title IX, Discrimination, and Harassment Policy, the VPCL will direct the matter to the appropriate procedure or personnel.

If it is determined that the Office of Campus Life will address the alleged incident through the Student Conduct Process, the resolution process will begin.

A) The VPCL or their designee may choose to hear any case as an administrative review, or retain an external adjudicator, and may impose any sanction(s) listed in the Sanctions section of this document. The student conduct process is intended to provide a respondent an opportunity to respond to allegations of violations of the Community Standards, thereby enabling the administrative review officer(s) or the Committee on Standards to make an informed decision about responsibility and appropriate sanctions. However, if a student fails to respond to communications (in the form of written notification, telephone, e-mail, or oral requests) attempting to schedule a meeting, or fails to attend a scheduled meeting, a decision based upon available information may be rendered in absentia.

1. General Guidelines for Conduct Hearings and Reviews
These are the general guidelines for all hearing or review bodies:
1. a. Although there is no statute of limitations in matters involving any alleged violation of Community Standards, a review or hearing is normally conducted in a timely fashion, as close to the date of the alleged violation as possible.
2. b. Proceedings of all review meetings and hearings are confidential. Conduct officers and members of a hearing panel and the student(s) involved may not discuss statements or evidence with any person not on the board or not directly involved in the case.
3. c. Legal counsel, parents, or family members may not be present at the review or hearing.
4. d. In a Committee on Standards hearing, the complainant and the respondent have the right to be present to hear all statements. In an Administrative Review Panel, the determination of participation is made by the assigned review officer(s).
5. e. The standard of proof in all conduct cases shall be a preponderance of the evidence.
6. f. Students shall generally be given the opportunity to present relevant information and witnesses on their behalf. All statements and evidence presented is at the discretion of the review or hearing officer and/or the chair of the hearing panel.
7. g. Records of a hearing will be maintained:
  - (i) The proceedings of a Committee on Standards hearing or administrative review panel will be electronically recorded by the Office of Campus Life. The electronic recording will be kept for 5 years and is only available to the Vice President for Campus Life or their designee, in order to assist the Vice President for Campus Life or their designee in determining the validity of an appeal. The recording can also be utilized by the hearing or review panel during deliberations to revisit statements made during the meeting.
  - (ii) In other administrative meetings, written records will be maintained by the conduct officer and notes or summary will be inputted, when deemed necessary, into Hobart and William Smith conduct system. An electronic recording may occur at the sole discretion of the review/hearing officer(s) who will notify the parties involved whether a recording is occurring.
  - (iii) The electronic recording by the hearing/conduct review officer will be the only permitted electronic recording.
8. h. Students accused of violating Colleges’ policy and whose cases are referred for hearing by the Committee on Standards or other review committee shall generally have a pre-meeting conference with the Vice President for Campus Life or their designee.
9. i. Students who allegedly violated the Community Standards will be notified in electronic writing of the final decision. Students may appeal decisions under specific situations (See Appeals section).
10. j. As Hobart and William Smith determine whether a student is in violation of any of Hobart and William Smith policies, using the appropriate evidence and conduct history of the student in totality, and based on the severity of the violation, the conduct officer, committee, or panel also may apply any sanction (listed in the Sanction section of this document) to any violation.
11. k. All interpretation and revision of this policy is at the discretion of the Vice President for Campus Life and their decisions are final and not subject to further review.
2) Administrative Review through the Vice President for Campus Life or designee
Ultimate responsibility for the maintenance of campus conduct rests with the administration and trustees. Accordingly, notwithstanding any provisions of the student constitutions or bylaws, Hobart and William Smith reserve the right to discipline, place on probation, suspend, or separate any student whose conduct or academic standing is unsatisfactory, without prior hearings before any hearing or review body, or campus committees. The Vice President for Campus Life or their designee often conducts an administrative review of a student, which is a regular component of Hobart and William Smith student conduct system. Reviews and/or hearings may be conducted by the Vice President for Campus Life and/or their designee. For an administrative review, the conduct officer shall make a determination of responsibility for the alleged violation and, if appropriate, may impose sanctions after reviewing all of the information available at the time of the meeting for the incident.
3) Hobart and William Smith Administrative Review Panel
The VPCL may determine that an administrative review is best served by assigning a panel of trained conduct officers to review the case and determine the formal resolution. As part of the educational process for addressing student misconduct, Hobart and William Smith Colleges have a mid-level student conduct panel known as the Administrative Review Panel (ARP). In adjudicating individual cases, the ARP seeks to promote community responsibility and assist students in being positive contributors to the HWS community. Although other types of cases may be referred to the panel by the Vice President for Campus Life or designees’ discretion, the panel will typically adjudicate mid-level policy violations that do not rise to the level of the Committee on Standards but would still benefit from a body of persons rendering a decision.
1. a. Administrative Review Panel Membership
  - (i) The ARP is comprised of a pool of staff members and students trained to adjudicate student conduct meetings. When called three of these members (two staff members and one student) serve as the decision-makers for that review.
  - (ii) The ARP also includes a facilitator to run the process. The facilitator’s role is to call panel members to serve, schedule the meeting and provide all communication to the student alleged to have violated campus policy. The facilitator role will be filled by the Director of Community Standards and Conflict Resolution, or their designee.
2. b. Chairperson
  - (i) A chairperson will be selected out of the three individuals serving for each ARP to serve as the administrator in charge of each review. The chairperson will be the party primarily responsible for facilitating the review process.
  - (ii) If the individuals called are unable to serve as the chairperson, the facilitator may fill the role of chairperson provided there is an additional decision-maker selected for the panel.
3. c. Procedures
  - (i) As with any other administrative review meeting, students who have allegedly violated the Community Standards shall receive an electronic invitation to meet.
  - (ii) Prior to the scheduled conduct review, the student alleged to have violated the Community Standards will meet with the process facilitator for a pre-meeting review to discuss what is to be expected during the process.
  - (iii) If the alleged would like to call witnesses or request a Conduct Process Advisor, they may make a request for those at this meeting.
  - (iv) During the meeting, students involved in an incident have the opportunity to discuss items relevant to the specific incident and ask questions of any witnesses present. The panel members also are permitted to ask questions of any individuals participating in the ARP process.
  - (v) Panel members will decide if there has been a violation of the Community Standards based on group consensus and will communicate the decision and what sanctions are being applied (if applicable).
  - (vi) In every case, the individuals involved shall be notified of the hearing outcome within approximately 5 business days of the hearing.
  - (vii) Appeals to the decisions set forth by the APR follow the same procedures as appeals to any decision made by any other conduct body, which are set forth in Appeals section of the Community Standards.
4) Committee on Standards
The Committee on Standards (COS) consists of three faculty members elected by the faculty; two students, elected by the student government; the Vice President for Campus Life or their designee (in cases of student conduct cases), and staff members from the Office of the HWS Dean’s, ex officio. The COS receives annual training to fulfill its duties and is responsible for hearing all cases involving academic standards and issues of academic integrity. As well, the Vice President for Campus Life or their designee will typically refer to the Committee all cases that involve violations of policy in which: (1) a person was or could have been seriously physically harmed; (2) a person’s safety was threatened; (3) extensive damage to Colleges’ property occurred or could have occurred; (4) the student charged with the violation is a repeat offender of Colleges’ policies; (5) staff and/or faculty members are involved in the incident; or (6) a club or organization’s standing at Hobart and William Smith may be affected. The Committee will initiate a disciplinary hearing at the request of the Vice President for Campus Life or their designee. However, the Committee has the right to refuse to hear a case if it decides that it is not the appropriate body, or if it determines the evidence is not sufficient to support continuation of the hearing process. The Vice President for Campus Life may also determine, including through a recommendation from the Committee, that the matter should be heard by an appropriately trained external adjudicator retained by Hobart and William Smith to hear the claim. The Committee will adhere to the general guidelines for disciplinary hearings or explain the basis for its deviation from those guidelines in any instance in which such deviation is deemed advisable by the Committee.
1. a. Procedures for Violations of Academic Integrity
  
  Typically, any instructor who suspects a student of any violation of the principle of academic integrity defined previously, or is suspected of assisting another student in such an act, will contact the student’s dean. The instructor will be briefed on the various ways in which the matter can be adjudicated, including a formal hearing by the Committee on Standards, a Committee on Standards sanctioned academic misconduct mediation process, or by an internal review of the course instructor. The dean will facilitate the formal adjudication process by gathering documentation, meeting with students and course instructors, and if needed, coordinating a Committee hearing. A hearing can be requested by either the course instructor or the student, at which time it will be determined whether a violation occurred and any resulting sanction. The grade for the particular assignment will be withheld until the Committee has concluded its hearing. If the alleged violation involves academic work submitted at the time of final examinations, the grade for the assignment and the entire course will be withheld until the Committee has concluded its hearing. The Committee may only make recommendations to the course instructor concerning sanctions pertaining to grading.
  
  The procedure of the hearing is determined by the chair of the Committee on Standards. Typically, it includes reviewing the evidence and questioning the course instructor, the student, and any witnesses with direct and relevant information about the matter. The chair of the Committee on Standards reserves the right to adjust the procedures of the hearing depending on the needs of a specific incident or hearing.
  
  After conducting the hearing, the Committee will reach a decision whether the student violated academic policies, and decide what sanction, if any, to impose. In reaching a final decision regarding sanctions, the student’s complete record while at Hobart and William Smith will be considered. The Committee may recommend a grade to the course instructor. The Committee will inform the student of its decision on responsibility and on a sanction at the close of the hearing, or shortly after. The final decision about a grade rests with the instructor.
2. b. Procedures for Violations of Non-Academic Policies
  
  The hearing will be arranged by the Committee on Standards and the Office of Campus Life. Students who are requested to appear before the Committee on Standards for allegedly violating the Community Standards will receive a notice of the day and time of the hearing. In addition, the alleged student (respondent) will have the opportunity to have a pre-hearing meeting with the Vice President for Campus Life or their designee. During a pre-hearing meeting, the respondent will review the procedures of the hearing, review and request any witnesses, and receive (if available) evidence to be presented at the hearing which is available at the time of the pre-hearing (if additional evidence becomes available, the alleged student will receive that information as it becomes available).
  
  The procedure of the hearing is determined by the chair of the Committee on Standards. Typically, it includes reviewing the incident and evidence through presentation by a member of the Campus Life staff, a statement from the respondent and questioning by the panel, and a statement from the complainant if they wish to appear, as well as questioning. In addition, any approved witnesses by Hobart and William Smith or the parties involved will be also be presented. The chair of the Committee on Standards reserves the right to adjust the procedures of the hearing dependent on the needs of a specific hearing or incident.
  
  After conducting the hearing, the Committee will reach a decision whether the student violated campus policy, and will communicate responsibility and, if applicable, any sanctions. In reaching a final decision regarding sanctions, the student’s complete record while at Hobart and William Smith will be considered. The Committee will inform the student of its decision and recommendation at the close of the hearing.

B) Sanctions
Some cases may require a variety of disciplinary actions. Hobart and William Smith reserve the right to apply any sanction to any violation, and to notify parent(s)/guardian(s) of alleged violations of the Community Standards and/or sanction(s) when deemed appropriate. Failure to abide by or complete any sanction shall result in a separate violation for an abuse of the disciplinary system.

All appropriate sanctions may be imposed upon groups and organizations. Groups and organizations may further receive a sanction which results in loss of College recognition for a specified period of time. In most cases, one or more of the following sanctions is employed:

Restorative Justice Process
Restorative justice is the process of having facilitated dialogues to work at repairing any harm created during a violation. If both parties agree to the conversations, this may be used as an outcome instead of more traditional conduct outcomes.
Verbal Warning
This is a verbal notification that a student’s behavior is in violation of Colleges’ policy as a result of a minor conduct violation.
Written Warning
This is written notification that a student’s behavior is in violation of Colleges’ policy.
Restitution
A student may be held financially responsible for damages they are found responsible to have caused.
Educational Activity
This may include, but is not limited to a public presentation, written reflection, seminar, research project, or hours of service to a department or agency that would help the student better understand their behavior and its consequences. Educational activities may also include individual meetings or assessments.
Revoking Privileges
This may include the forfeit of housing lottery privileges, excluding the student from participating in certain activities, clubs or organizations, or forfeit of on campus parking privileges.
Deferred Residential Re-assignment
Deferred residential re-assignment places a student with a more serious or frequent violations of Colleges policy on notice regarding their behavior. During this deferment, if any violation of Hobart and William Smith policy is confirmed, residential re-assignment is the next step. A deferred residential re-assignment is issued for a stated period of time.
Residential Re-assignment
Requiring the student to relocate elsewhere on-campus (to be determined solely by the Office of Housing & Residence Life, in consult with the appropriate hearing officer). This may include requiring a student who has been granted off-campus status to return to campus.
Social Probation
A stringent warning may be issued in response to more serious or frequent violations of Colleges’ policy. Probationary status is issued for a stated period of time and may include specific restrictions on the student including but not limited to forfeit of housing lottery privileges, restrictions to Study Abroad, and Student Leadership Positions.
Fines
The student may be assessed a fine as a penalty for the inappropriate behavior.
Deferred Suspension
Deferred suspension places a student with a more serious or frequent violations of Colleges policy on notice regarding their behavior. During this deferment, if any violation of Hobart and William Smith policy is confirmed the required withdrawal from Hobart and William Smith is the next step. A deferred suspension is issued for a stated period of time and includes specific restrictions on the student, including but not limited to forfeit of housing lottery privileges, restrictions to Study Abroad, and Student Leadership Positions.
Required Withdrawal/Suspension
Required withdrawal removes the student from Hobart and William Smith for a stated period of time. This may include prohibiting the student from attending classes, social events, or other functions, being employed by Hobart and William Smith, or visiting Colleges’ grounds or facilities without the written permission of the Vice President for Campus Life or designee. In all cases, the student must apply to the Vice President for Campus Life or designee for readmission through the Office for Campus Life.

Students who are separated from Hobart and William Smith are required to remove their belongings from their residence and return keys within 48 hours from the time of withdrawal or separation goes into effect. All personal property must be removed from the room. All keys must be returned to the Student Engagement Center.
Permanent Separation
In the case of a permanent separation, the student is required to leave Hobart and William Smith and is not eligible for reinstatement. The student is not permitted to visit Hobart and William Smith grounds.
Degree Revocation
Revocation of any degree conferred by the College.

C) Hobart and William Smith Conduct Process & Responses for Alcohol and Other Drug (AOD) Violations
Hobart and William Smith Colleges recognize the important link between intellectual growth within the classroom and the social and emotional development that students experience in their daily lives. When students make choices that violate Hobart and William Smith policies, an educational response is the ideal approach to help students to think about their options and the decision-making process.

However, when there have been incidents that place the student and/or others at the risk of harm, or when there have been repeated offenses, other steps, such as a referral to Alcohol and Other Drugs Prevention resources and/or the Counseling Center, might be necessary. In addition, some incidents may call for more traditional conduct action such as probation or suspension. When an incident involves violations of the alcohol and other drug policy and other policies, other sections of the Handbook of Community Standards will be invoked as well.

Hobart and William Smith respond to alleged violations of the Handbook of Community Standards, based on the severity of the incident, by assigning an incident to the Vice President for Campus Life or their designees. In general, this may include the Hobart and William Smith administrative review officers or panels, student engagement staff members, Director of Community Values and Conflict Resolution,- the Assistant Vice President or Associate Vice President, the Vice President for Campus Life, the Committee on Standards, or other members of the Campus Life team. At times, this may also include a referral to Hobart and William Smith Peer Mentor program or an external adjudicator. Based on the severity of the incident and the student’s past behavioral record, a variety of sanctions can be applied, including (but not limited to) reflective assignments, residential re-assignments, social probation, deferred suspension, suspension, or required withdrawal. In all cases, an educational sanction will be required.

Group Accountability
Student groups, including Fraternity/Sororities, clubs, club sports, and other organizations that violate the Policy on Alcohol and Other Drugs face the possibility of being assigned educational assignments, community service, or organization suspension.
Disciplinary sanctions and responses
In addition to disciplinary sanctions which may be imposed, Hobart and William Smith may mandate an assessment and/or other educational measures as may be appropriate to safeguard the health and well-being of the group, its members, and the larger community. In general, the educational responses may include:
- Alcohol and Other Drugs seminars
- Online education
- Impact Feedback Program
- One-on-One Assessment
- FLACRA Referral
While sanctions will depend on the severity of the incident and past behavioral record, in some cases, specific sanctions will apply.

chart

Campus Life values the involvement of athletic staff in the conduct process: all coaches of student athletes may be notified of any violation of the Community Standards.

Sanctions of suspension or expulsion may be relevant in some cases and thus the guidelines above are simply to be used as general guidelines related to disciplinary sanctions. Hobart and William Smith reserve the right to assign any sanction to any violation.

Review bodies may also assign other sanctions, depending on the specific circumstances of the situation. Such sanctions are outlined in the Community Standards.

E) Records

All disciplinary records will be maintained in Hobart and William Smith conduct system (“Maxient”) and will be accessible by a student's dean and other sanctioned administrators, in compliance with the Education Records section of this document.

Records of student conduct violations will be retained for a period of seven (7) years for any instance of responsibility. During this period, any finding of responsibility would be reported out in a request of a student disciplinary record by an authorized party. After this period of time, findings which resulted in lower-level conduct sanctions would be removed from record unless a legal records hold has been established through the college counsel.

Findings which resulted in social probation, deferred, suspension, suspension/required withdrawal, expulsion, or a transcript notation will be retained indefinitely. Additionally, students who withdraw with a pending student conduct case will have their records retained indefinitely, or until the matter is resolved, followed by the appropriate waiting period, if applicable.

Students or authorized agencies with signed releases from a current or former student may request a copy of their records by completing the HWS Student Conduct Release form (https://cm.maxient.com/hreportingform.php?HWSColleges&layout_id=124).

Students with a low level or infrequent conduct violations and wish their record to become non-reportable should refer to the “HWS Forward” portion of this document.

F) Transcript Notation Policy for Crimes of Violence

Notation Procedure

Pursuant to New York State Education Law, Article 129-B § 6444.6, if a student is found responsible through HWS’s conduct process for crime(s) of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act (20 U.S.C. § 1092(f)(1)(F)(i)(I)-(VIII) (“Clery crimes of violence”), the Vice President for Campus Life and/or their designee will direct that a notation be placed on the student’s transcript.

Where the sanction is a suspension, the following notation will be used: “SUSPENDED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION.”
Where the sanction is expulsion, the following notation will be used: “EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION.”

If a student respondent withdraws from HWS while such HWS conduct charges are pending for allegation(s) related to Clery crimes of violence, and the student declines to complete the student conduct process, the Vice President for Campus Life and/or their designee will direct that the following notation be placed on the student’s transcript: “WITHDREW WITH CONDUCT CHARGES PENDING.”

Students who withdraw from HWS and decline to complete the student conduct process forfeit any right to resume the conduct proceedings at any point in the future.
Conduct charges are considered “pending” once a student is informed in writing that there are allegations that the student may have violated HWS’s Code of Conduct.

Further Appeals

A student whose transcript states "SUSPENDED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION" may appeal, by submitting an appeal, in writing, to the Vice President for Campus Life and/or their designee to have the notation removed. The Vice President for Campus Life and/or their designee shall forward the appeal panel consisting of the Vice President of Campus Life (or their designee), the Provost (or their designees), and the Director of Human Resources (or their designee). Appeals may be granted if:

One year has passed since the conclusion of the suspension;
The student has completed the term of suspension and any conditions thereof; and
The Vice President for Campus Life and/or their designee has determined that the student is once again "in good standing" with all applicable HWS academic and non-academic standards.

A student whose transcript states "EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION" or "WITHDREW WITH CONDUCT CHARGES PENDING" is ineligible to appeal to have the notation removed. Students who were expelled or withdrew with such notifications on their transcripts will leave HWS with the status "not in good standing" and will be ineligible for readmission to HWS, absent any vacating of a finding of responsibility.

If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

Status

A student’s status (i.e. “enrolled”, “leave of absence”, “suspended”, etc) is not considered a transcript notation and is always reflected on a student’s transcript for each term.

G) Appeals

A student may appeal the outcome of an academic or conduct hearing, or an administrative review when sanctions range from probation through permanent separation and/or if they include residential reassignment or monetary penalty. An appeal must be submitted by the student, in writing, with relevant documentation, within the time stipulated by the hearing officer, board hearing the case, or administrative review officer/panel or, if unstipulated, within five calendar days of the date on which the official notification of the decision was written.

1) Criteria for appeals
Student appeals will be considered when any of the following apply:

a. A student has new evidence that could not have been brought forward at the time of the hearing;
b. A student believes procedural violations occurred;
c. A student believes the sanction is grossly disproportionate to the conduct committed.
2. Process

Appeals for decisions and sanctions administered as a result of a student conduct hearing or review will be evaluated by the Vice President for Campus Life or their designee. The appeal decision is final.

Appeals for decisions and sanctions administered as a result of an academic hearing by the Committee on Standards may be submitted to the Dean of Hobart College or the Dean of William Smith College. The deans will consult and recommendations for appeal will rest with the student's dean. For academic appeals, the dean may refer the case back to the Committee on Standards.

For all student conduct appeals, the appeal officer will review the case and determine whether to uphold the original outcome, send the case to a new hearing or review, or revise the outcome. The decision of the appeal officer is final and no further appeals are permitted. All student conduct appeals should occur in writing and be submitted via the Appeals Form on the Campus Life website and academic appeals in writing to the student’s dean.

H) Interim Suspension

1. 1. 1) The Vice President for Campus Life or designee may impose an interim suspension for the following reasons:
    1. a. To ensure the safety and well-being of members of the College community or to preserve College property;
    2. b. If a student poses a threat of disruption or interference with the normal operations of Hobart and William Smith.
  2. 2) During the interim suspension, a student may be denied access to Hobart and William Smith activities, facilities and/or classes or other privileges for which the student might otherwise be eligible, as the Vice President for Campus Life or their designee may determine to be appropriate.
  3. 3) The interim suspension or altered privileges shall remain in effect until a final decision has been made regarding pending complaints or until the Vice President for Campus Life or designee determines that the reason for imposing the interim suspension of privileges no longer exists.
  4. 4) A student may appeal an interim suspension if they believe the interim suspension is grossly disproportionate to the alleged conduct, do not believe there is an on-going concern for the safety or well-being of the community, and believe there is not a threat of disruption or interference to the operations of Hobart and William Smith. An appeal must be submitted within five (5) business days in writing to the Vice President for Campus Life via the Student Conduct Appeal form on the Campus Life website. The VPCL may consult with the Committee on Standards, Dean of Hobart College, and Dean of William Smith College in evaluating the appeal. All appeal decisions are final and will be communicated to the student within two (2) business jud.

I) No Contact Order or Active Avoidance Directive

A "No-Contact Order" is an active avoidance directive that mandates that students are not to have contact in any way, including in person, via e-mail, telephone, text messaging, social media (i.e. Instagram, Facebook, Twitter, and any other platform) or any other method of electronic or direct communication. The order also includes third parties acting on either students’ behalf. Hobart and William Smith may issue a “No-Contact Order” when it is deemed necessary to provide any or all students an opportunity to participate fully in the life of Hobart and William Smith. A student who violates a “No-Contact Order” shall be considered to be in violation of the Community Standards (specifically, Failure to Comply) and shall be subject to sanctions at any level. “No-Contact Orders” may be issued by the Vice President for Campus Life, Campus Life administrators, or other express designees; in instances that may fall under the Title IX, Discrimination, and Harassment, “No-Contact Orders” may be issued by the Title IX Coordinator or the Deputy Title IX Coordinator.

On-call staff and incident responders, most often Campus Safety, Housing & Residence Life , and other Campus Life Staff may issue verbal no contact orders. These verbal no contact orders are directives to de-escalate situations. When a verbal no contact order is issued, the issuer will notify the Campus Life Office who will evaluate whether there is an on-going need for a formal no contact order and contact the students.

Modifications to a “No-Contact Order” may be requested by contacting the administrator who issued the “No-Contact Order” or the Campus Life Office. All parties, including the alleged student (also known as respondent), will be given explicit notice of the “No-Contact Order,” including notification that any violation will result in additional student conduct charges.

If a student believes a no contact order directly and unduly impacts their ability to participate fully in the life of Hobart and William Smith, they may appeal the no contact order to the Vice President for Campus Life within 5 business days of the directive being communicated in writing. To appeal, the student would visit the Campus Life section of the HWS website and click Student Conduct Appeal.

J) Withdrawal and Readmission

If a respondent voluntarily withdraws from Hobart and William Smith while a complaint is under investigation for prohibited conduct, when the Respondent chooses to withdraw from Hobart and William Smith’ prior to the conclusion of the formal conduct process, the Vice President for Campus Life or their designee may direct the Registrar to make a notation on the academic transcript of the respondent (see Hobart and William Smith Transcript Notation Policy for more information). Should the student re-apply for admission to Hobart and William Smith, the conduct process will resume.

If the complaint cannot be resolved because the complainant, witnesses or evidence are not available, re-enrollment shall normally be denied. Permission for readmission shall be granted solely at the discretion of the VPCL or their designee.

K) Abuse of the Conduct System
The following behaviors are not permitted, including, but not limited to:

a. Failure to comply with the directive to appear before a hearing panel or administrative review officer.
b. Falsification, distortion, or misrepresentation of information before a hearing panel or administrative hearing officer.
c. Disruption or interference with the orderly conduct of a conduct proceeding.
d. Knowingly instituting a complaint that another member of Hobart and William Smith community has violated the Community Standards or other Colleges’ policies without cause.
e. Influencing or attempting to influence another person to commit an abuse of the conduct system.
f. Attempting to prevent an individual’s proper participation in, or use of the conduct system.
g. Attempting to influence the impartiality of a member of a hearing panel or of a administrative review officer prior to, and/or during the course of, the conduct proceeding.
h. Inappropriate behavior or conduct and/or intimidation of any person involved in a conduct proceeding prior to, during, and/or after that conduct proceeding.
i. Failure to comply with a sanction imposed under the Community Standards.
L) HWS Forward

HWS Forward is a program in which students with low-level and infrequent conduct violations may have their conduct record become non-reportable to agencies external to HWS. To qualify, students must be one year removed from their most recent conduct finding of responsibility, have completed any outstanding conduct sanctions, and complete an additional educational assignment with the Director of Community Values and Conflict Resolution and/or their designee. For more information, contact the Office of Campus Life.

M) New York State Education Law 129-A Compliance
1. a. Hobart and William Smith annually appoint an Advisory Committee on Campus Safety that complies with New York State Education Law 129-A §6431 and is comprised of at least six members that are 1/2 female, 1/3students from a list by student government, 1/3 faculty from a list from faculty governance, and 1/3 appointed by the President or Chief Administrative Officer.
2. b. The Advisory Committee on Campus Safety reviews current security policies and procedures at Hobart and William Smith and makes recommendations for improvement. It specifically reviews: campus education regarding sexual assault, domestic violence, stalking, bias, and hate crimes; personal safety and crime prevention; reporting of sexual assault, domestic violence, stalking, hates crimes, and assisting victims during investigations; referrals to appropriate authorities; counseling victims; and responding to inquiries from concerned persons. A report of the Committee’s finding is made available each academic year to the President. The report is available upon request by e-mailing titleix@hws.edu.
1) Advisory Committee on Campus Safety

2) Investigation of Violent Felony Offense
a. Hobart and William Smith have adopted and implemented a plan for investigating any reported hate crimes or violent felonies that occur at or on the grounds of the institution and for addressing reports of missing students that include coordination with local law enforcement. Hobart and William Smith have written agreements with applicable local law enforcement regarding prompt investigation and requirement for notification when such incidents are reported. Hobart and William Smith policy provides that individuals reporting sexual assault are informed promptly upon reporting of the options of notifying local law enforcement, right to report or not to report to local law enforcement, and are offered assistance by campus authorities to notify law enforcement if they so chose. See Hobart and William Smith Title IX, Discrimination, and Harassment for further information.

3) Bias Related Crime Prevention Information
a. Hobart and William Smith provide training to incoming students during Orientation about bias related and hate crime prevention measures and programming at Hobart and William Smith. This training includes applicable laws, penalties, procedures for addressing bias related crime, the availability of counseling and support services, the nature of and common circumstances relating to bias related and hate crimes, and methods used to advise and update students on security procedures. More information is available at the Office of Campus Safety’s website. Students may report bias related and hate crimes to Campus Safety or following the Bias Incident Intervention Response Team.

N) Interpretation and Revision
Any question of interpretation regarding the Community Standards shall be referred to the VPCL or designee for final determination.

A review of the Community Standards shall be coordinated by the VPCL every four years, but the Community Standards may be revised when deemed appropriate by the VPCL.

Hobart and William Smith Colleges

Campus LifeCommunity Standards

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