Responding Party
A Responding Party participating in the Student Conduct Process has the right to:
- Be informed of any interim administrative measures directly impacting them.
- Be informed of the date, time, and location of any meetings, including Community Standards Conferences, Resolution Panels, or Conduct Board Hearings.
- Request information about counseling, mental health, or medical services available on and off campus.
- Receive notification, prior to any meetings, of the specific College policy that was potentially violated and the facts related to the potential violation.
- Request a delay of the Community Standards Conference or Conduct Board Hearing due to extenuating circumstances.
- In most cases, a delay will only be granted for an academic or medical situation. The decision to postpone a hearing or meeting rests with the Community Standards Administrator or a designee of the Office of Community Standards.
- Contest any person involved in the administration of the Student Conduct Process for which the student believes a material conflict of interest exists.
- Be provided access to any relevant written information prior to sharing their perspective. At the discretion of the Office of Community Standards, or their designee, the information may be redacted or presented in such a way as to protect student privacy.
- Participate in a Community Standards Conference, Conduct Board Hearing or Resolution Panel, and present relevant information and witnesses on their behalf.
- Challenge and counter reported information, and share additional relevant evidence
- Request the opportunity to answer questions posed by the Complainant outside of the physical presence of the Complainant. The Associate Dean for Campus Life or designee will determine if such a request will be granted. Other procedures may be provided on a case by case basis to protect the safety and well-being of the College community.
- Have an advisor present during any meetings throughout the Student Conduct Process.
- Be informed of any finding(s) and, when applicable, sanction(s).
- Appeal a decision based on the grounds that they were denied a fair process and/or if the Responding Party obtains substantive new information that was not available at the time of the decision that would alter the outcome.
- Report retaliation or harassment as a result of participating in the Student Conduct Process.
- Request an accommodation for a disability through the Office of Student Accessibility Services (SAS) in order to have access to and/or participate in the Student Conduct Process. All requests for accommodations are evaluated by the SAS in collaboration with other campus offices as appropriate to the situation. Students requesting accommodations are still expected to appear for their hearing whether or not the accommodations process has been completed unless a student’s request for the hearing to be rescheduled has been granted. The SAS' policies and procedures are available on the SAS department page.
Notification of Potential Violations
The Responding party will be notified in writing, via their Emerson College email account, of any potential violation(s) of College policy as well as information about the process for resolution. The Responding Party is expected to follow all instructions or directives detailed in this notice. Typically this notice will inform the Responding Party if the potential violation(s) have been referred to a Community Standards Conference or a Conduct Board Hearing. Failure to attend any scheduled Community Standards meetings, or to respond to attempts to schedule a meeting, can result in the determination of an outcome, based upon available information, without student input and without additional meetings or opportunities to respond, at the discretion of the Office of Community Standards.
Complainant
A Complainant participating in the Student Conduct Process has the right to:
- Be informed of any interim administrative measures directly impacting them.
- Be informed of the date, time, and location of any Conduct Board Hearing or Community Standards Conference in which they are able to participate.
- Request information about victim advocacy, counseling, and mental health or medical services available on and off campus.
- Report retaliation, intimidation, or harassment as a result of reporting potential violations or participating in the Student Conduct Process.
When participating in a Conduct Board Hearing, the Complainant also has the right to:
- Request a delay of the hearing process due to extenuating circumstances.
- In most cases, a delay will only be granted for a significant academic or medical situation. The decision to delay the hearing process rests with the Office of Community Standards or their designee.
- Contest any staff member involved in the administration of the Conduct Board hearing process for which the student believes a material conflict of interest exists.
- Be provided access to any relevant written information that may be presented in a hearing prior to sharing their perspective. At the discretion of the Office of Community Standards, or their designee, the information may be redacted or presented in such a way as to protect student privacy.Participate in a Conduct Board Hearing, and present relevant information and witnesses on their behalf.
- Challenge and counter reported information, and share additional relevant evidence.
- Request the opportunity to answer questions posed by the Responding Party outside of the physical presence of the Responding Party. The Associate Dean for Campus Life or designee will determine if such a request will be granted. Other procedures may be provided on a case-by-case basis to protect the safety and well-being of the College community.
- Have an advisor present during any meeting related to the hearing process.
- Request a reasonable accommodation for a disability through the Office of Student Accessibility Services (SAS) in order to have access to and/or participate in the Student Conduct Process. All requests for accommodations are evaluated by the SAS in collaboration with other campus offices as appropriate to the situation. Students requesting accommodations are still expected to appear for their hearing whether or not the accommodations process has been completed unless a student’s request for the hearing to be rescheduled has been granted. The SAS' policies and procedures are available on the SAS department page.
In cases of reported physical harm, harassment, or threats to safety, the Complainant, although not guaranteed or exhaustive, may be provided the following:
- The opportunity to make a request for a reasonable change in living assignment, academic arrangement, or other steps necessary to prevent unnecessary or unwanted contact, regardless of the outcome of the hearing.
- To the extent permitted by the Family Educational Rights and Privacy Act (FERPA), other applicable laws, and/or College practices, the opportunity to be informed, in writing, of the outcome of any administrative or Conduct Board Hearing decision and any sanction(s) that may have been assigned, including appeal results.
The Associate Dean for Campus Life or their designee reserves the right to alter these procedural rights for the Responding Party and/or the Complaint on a case by case basis to ensure safety and fundamental fairness.