Preparing for a Hearing as a Complainant

Complainant—Individual or group who brings initial notice of violation to the attention of College authorities.

Rights and Responsibilities for the Complainant

The Complainant of a discrimination/harassment report is entitled to:

1. Be treated with dignity, respect and sensitivity by all officials of the institution at all times;
2. Be free of any form of retaliation and free to report such retaliation for disciplinary action;
3. Exclude prior sexual history, except under limited circumstances;
4. A fair and impartial investigation of the allegations conducted within a reasonable period of time after the complaint is filed;
5. Seek interim measures during the investigation and resolution process;
6. Disciplinary proceedings and resolutions that are prompt, equitable and provide an opportunity for both parties to be heard;
7. Receive a timely written notice of: the specific allegations, including the date, time, and location of the alleged violation; the student’s rights and responsibilities under this Policy; the date, time, and location of each hearing, meeting, or interview that the student is required or permitted to attend; information about other options (civil and criminal); and the range of potential sanctions associated with the violation;
8. Be kept informed of the status of the disciplinary proceedings, to the fullest extent possible;
9. Participate in the disciplinary proceedings, including access to the case file and evidence, and by offering testimony and by offering testimony;
10. Assistance by a licensed attorney paid for by the Maryland Higher Education Commission (MHEC), an advocate supervised by an attorney, or a trained advocated throughout the disciplinary proceedings;
11. The presence of no more than two people, including a personal supporter of the student’s choice, an attorney, or an advocate at any hearing, meeting, or interview during the disciplinary proceedings;
12. Refuse to answer any question or make any statement;
13. Receive a final determination about whether a violation of the sexual misconduct policy occurred, any sanction imposed, and the party’s appeal rights; and
14. Waive any of the rights contained herein, in writing.

Preparing for a Hearing

Students called before the Honor Board are strongly encouraged to prepare their opening statement ahead of time. If the student would like to review the report about the case, they should contact the appropriate administrators at least 48 hours prior to the scheduled hearing.

For social violation hearings, students should contact Lisa Jones (ljones6) or Greg Krikorian (gkrikorian2) in the Student Affairs Office.  All information contained in a student’s file is confidential and students will be required to sign a statement indicating that they understand that and will not release any information about other students whose names are contained in the documents they receive.

Appropriate Dress

Students who appear before the Honor Board should keep in mind that their appearance can send a message about how seriously they are taking the hearing and their respect for the process. There is no specific dress code for students appearing before the Honor Board, but it is recommended that students avoid overly casual clothes. Students bringing case or character witnesses may also want to encourage those witnesses to carefully consider what they wear to the hearing.

Witnesses

There are two types of witnesses for Honor Board hearings, case witnesses and character witnesses.

Case witnesses are those who have factual knowledge about the alleged violation. Case witnesses appear before the Honor Board one at a time and can present a brief statement. If a witness appears at the hearing, the Honor Board and the respondent will have the opportunity to question that witness by submitting questions through the hearing facilitator. In Title IX cases (sexual misconduct, harassment, or discrimination), both the complainant and respondent have the opportunity to question the witness.

Character witnesses do not have any factual knowledge about the alleged offense but are able to address the character of the student brought before the Board. Normally, character witnesses submit a statement prior to the hearing and do not attend the actual hearing.

When a student respondent is notified that they will appear before the Honor Board, they must provide the Honor Board Chair the names of any witnesses they wish to be contacted in the investigation as well as the name of their advisor (if any) who will be attending the hearing. Those names must be sent to the Honor Board Chair no later than five class days prior to the hearing. Witnesses can also be called by the administrators (representatives of the Dean of Students or Provost’s Office) who are facilitating the hearing. These Honor Board administrators make the final decision about which witnesses will appear at the hearing.

Confidentiality

Names and information related to Honor Board cases are confidential and are only communicated to Honor Board members or other members of the College community who have a legitimate and educational interest.  Students involved in any Honor Board hearing are prohibited from releasing the names of any students (whether respondents or witnesses) or communicating information that would allow those students to be identified.