The Judicial Affairs Office (JAO) shall be responsible for receiving all complaints and issuing allegations. Any student, faculty member, or employee may file a complaint regarding an undergraduate with the JAO. In addition, the JAO may conduct an investigation and initiate an allegation on the basis of information coming to its attention from any source. The JAO shall determine whether complaints or other information concerning a student shall result in formal disciplinary allegations. The JAO shall coordinate the investigation and disposition of complaints and shall call upon other members of the College community for assistance as necessary.
In some situations, conduct that may violate one of the Standards of Conduct may also be a violation of law. The possibility that a student may face criminal charges does not limit the JAO's ability to proceed with the disciplinary procedures set forth herein. The College will take independent action based on misconduct that violates College Standards of Conduct, regardless of the status or outcome of any criminal proceedings.
The Dean of the College, or a designee, has sole discretion to take immediate action to preserve and protect the safety and/or welfare of specific individuals on campus and/or the College community as a whole during an investigation and pending a hearing in a disciplinary case. This action includes (but is not limited to) restricting access to specific areas of campus or facilities, imposing no-contact orders or other expectations for interactions with specific individuals, requiring a medical assessment, removing a student from Dartmouth housing, restricting a student's living arrangements or activities, or any other action deemed appropriate under the circumstances.
The Dean of the College, or a designee, may place a student on immediate temporary suspension pending a hearing when the student has been arrested on allegations of serious criminal behavior, or when the student allegedly has violated a standard of conduct and the Dean of the College concludes that the student poses a significant risk to the safety or educational environment of the community.
Student misconduct which would not result in a suspension if the student were found responsible, will be addressed by a College hearing officer who will after provide notice and an opportunity to be heard, may impose educational requirements, fines, and/or appropriate sanctions, including College Warnings, College Reprimands, or College Probation.
The Director of Judicial Affairs shall determine whether information available in support of an allegation could result in suspension or separation if the student were found responsible. If suspension or separation is a possible outcome of a disciplinary hearing, the Director shall inform the student in writing and provide the student with copies of the available information related to the allegations. The student will have an opportunity to admit or deny the allegation within five days of the written notice of the allegations.
If the student denies the allegations or the facts in question, the case shall be referred to the Committee on Standards (COS) for a hearing. However, if the allegation involves conducted covered by the Unified Disciplinary Procedures for Sexual Assault by Students and Student Organizations, the allegations will be addressed using those Procedures. If the student admits the allegations, the student may choose to request an individual hearing with the COS Chair, who may grant or deny the request depending on the nature of the case. If the Chair agrees to a one-on-one hearing, the Chair may impose any sanction appropriate to the circumstances. If the Chair denies the request for an individual hearing or if the student prefers to be heard by the Committee on Standards, the COS shall hear the case according to standard procedures and impose any sanction appropriate to the circumstances.
The JAO will be responsible for providing to the COS all relevant material relating to cases which come before it. In all Academic Honor Principle and Standards of Conduct cases referred to the COS, the COS will conduct a hearing in accordance with the procedures set forth under Rights, Rules, and Responsibilities.
Where, after a hearing, the COS finds a student responsible for one or more violations, it will then recommend a sanction to the Chair, who will determine the sanction after consideration of the recommendation. If the Chair disagrees with the recommended sanction and the issue of sanction cannot be resolved within the COS, a designated Arbitrator will be called. If the designated Arbitrator cannot serve, the next ranked alternate shall serve. The President, with the advice of the Committee Advisory to the President (CAP), shall annually appoint an Arbitrator and two ranked Alternate Arbitrators at the last meeting of the CAP in each academic year.
When called in, the Arbitrator's authority shall be limited to choosing between the sanctions presented by the COS and the Chair. In making this choice, Arbitrators shall consider such portions of the record they deem appropriate and may consult with the COS, the Chair, and such other participants in the hearing as they deem appropriate. If the COS and the Chair reach agreement on sanction at any time before the Arbitrator renders a decision, the Arbitrator shall withdraw from the case and render no decision.
When information available suggests that a student (regardless of undergraduate or graduate student status) has sexually assaulted someone; aided, abetted or incited a sexual assault; and/or retaliated against someone bringing forth a report or participating in an investigation of a report, the College will follow the procedures described in the Unified Disciplinary Procedures for Sexual Assault by Students and Student Organizations. These procedures apply to conduct by graduate or undergraduate students occurring on or after June 18, 2014. Reports concerning misconduct that is alleged to have occurred prior to that date by graduate students will continue to be subject to the previous disciplinary procedures in the school of enrollment. Reports concerning misconduct that is alleged to have occurred prior to that date by undergraduate students will be subject to the disciplinary procedures of the COS and/or OAC.
If a student resigns after an allegation has been brought forward by the College, the resignation will be recorded on the student's transcript "with case pending". If a student resigns before an allegation has been brought forward by the College, the Title IX Coordinator and the Director of Judicial Affairs may proceed with fact-finding to fulfill institutional obligations to the reporting student and the community.