The Process

Adjudication and Resolutions

The Director of Campus Safety, Assistant Dean and Director of Wellness, or Director of Residence Life and Community Standards may:

1. Handle the matter administratively issuing an educational sanction, restitution, or referral to supportive services;
2. Refer the student to participate in a Restorative Justice/Alternative Resolution;
3. Refer the student to the Judicial Committee for a decision;
4. Refer the student to the Administrative Review Committee for a decision; or
5. Refer the student to the Title IX Coordinator.

Administrative Resolution

Administrative resolution is used when the matter is a first occurrence of its kind from the student. For example: if a student is found to be in possession of alcohol in a common area and it is the first time that has happened, a referral to supportive services may be appropriate to promote harm reduction; if it happens a second time the administrative resolution may focus on an educational sanction to allow the student to explore the impact on others in having alcohol in a common area; if the student damages property while in possession of alcohol in a common area then restitution may be the most appropriate administrative resolution.

Restorative Justice/Alternative Resolution

Restorative Justice/Alternative Resolution: Alternative resolution and restorative justice are voluntary and optional processes within the Bennington College community. These practices are offered in order to allow all individuals involved in a conflict or who have committed a harm to accept responsibility and accountability for their behavior and/or potential harm. The Alternative Resolution Process is designed to build understanding and empathy between/amongst the parties, eliminate potential and future conflicts, prevent recurrence, and remedy the effects of the conflict in a manner that meets the needs of all individuals involved. This is done while maintaining the safety of all parties, as well as the safety of all students.

This process will be used at the request and agreement of all parties involved in the conflict that wish to take part in this process. It is completely voluntary, and all individuals involved must be entirely willing on their own accord to participate. All parties must agree and have an appropriate understanding of the process and its elements and must agree to sign the appropriate documents in order to engage in this process. Participants can also stop participating if they so choose. Requests for a restorative intervention can be submitted through the Restorative Justice Collaborative.

The Judicial Committee

In the case of a serious, alleged violation of the Community Standards, the matter may be referred to the Judicial Committee for resolution. 

The Judicial Committee consists of a pool of selected and trained members of the student body, faculty, and staff from which three to five members are designated by the Director of Residence Life and Community Standards (from this point forward referred to as the Director) or their designee to determine individual cases. One member will be appointed to serve as the chair. The Director or their designee staffs and may answer procedural and/or other questions for the committee before, during, and after hearings and committee deliberations, but does not vote on the outcome of individual cases or serve as a member of the committee. 

Members of the Judicial Committee will be excused from a hearing if the chair determines that a conflict or potential conflict of interest exists, and the committee may either proceed with the remaining members, or the Director or their designee may designate substitutions if necessary. Current members of the Judicial Committee can be found on the Bennington College Website.

Overview 

The Judicial Committee may formulate its own rules and procedures in individual cases insofar as they are not specified in this Handbook. Hearings are not intended to resemble formal legal proceedings. Rules of process, procedure, and/or evidence, such as those applied in criminal and civil courts will not apply. Furthermore, legal counsel may not participate in hearing proceedings unless a student is also facing criminal prosecution for the conduct at issue. Where that is the case, the student’s legal counsel may attend the hearing and confer with the student in a non-disruptive manner during the hearing, but may not address the Judicial Committee, advocate for the student, or otherwise participate in the hearing. 

Notification of Alleged Violation

The Director or their designee will provide to the student of concern (from this point forward referred to as the Respondent) a letter which outlines which of the Community Standards has allegedly been violated, gives notice that the matter has been referred to the Judicial Committee for resolution, and gives notice that failure to participate in the process does not prevent the hearing from moving forward. The letter will also give notice that the Director or their designee will arrange a pre-hearing meeting with the Respondent to review the process. 

Pre-Hearing Meeting

The Director or their designee will meet with the Respondent to review the Campus Safety investigation report, the Standard allegedly violated, and the hearing process, and to answer any questions the Respondent may have. The Director or their designee will also advise the Respondent that they may bring one member of the College community (i.e., a current student, faculty, or staff member) to the hearing for support. The support person must be from the current Bennington College Community (with the exception noted above in circumstances where the student is also facing criminal prosecution for the conduct at issue) and may not participate directly in the hearing. The Respondent will also be advised that the hearings will not be open to the public, and that only the Director or their designee may record the hearing.

Hearing Procedures

The Chair of the Judicial Committee will convene the hearing and the Committee will review the Campus Safety investigation report and other relevant information. The Director or their designee will record the hearing and a transcript of those recordings may be made available upon request. The Respondent is offered the opportunity to present an oral or written statement to the Committee. The Committee will have the opportunity to ask questions. At the conclusion of the Committee’s questions, the Respondent may make a closing statement to the Committee. This will conclude the hearing and the Committee will then move into the deliberation phase. The Committee will make a decision using the preponderance standard, which means that the student will only be found responsible if it is more likely than not (i.e., there is a greater than 50% chance) that the alleged violation occurred.

Notice of Decision

On behalf of the Judicial Committee, the Director or their designee will prepare a decision within three business days of the hearing. The Respondent will receive a letter detailing the decision. The letter will be delivered, when possible, in person by the Director or their designee. It may also be provided to the Respondent’s advisor, other appropriate College officials, and the student’s parent(s) or guardian.

The Administrative Review Committee

The Administrative Review Committee is convened when there is a serious, alleged violation of the Community Standards that is not appropriate for resolution by a Judicial Committee panel that includes fellow students and faculty. This may occur, for example, when the matter requires discretion for the student involved or if the matter occurs during the last three weeks of the academic term or during Field Work Term.

The Administrative Review Committee consists of three senior members of the administration, one of whom will be appointed by the Director or their designee to serve as the chair. The Director or their designee staffs may answer procedural and/or other questions for the committee before, during, and after hearings and committee deliberations, but does not vote on the outcome of individual cases or serve as a member of the committee. In cases in which a member of the Committee is unable to participate, such as a conflict or potential conflict of interest, the Director may appoint another member of the College community to the Committee.

Overview

The Administrative Review Committee may formulate its own rules and procedures in individual cases insofar as they are not specified in this Handbook. Hearings are not intended to resemble formal legal proceedings. Rules of process, procedure, and/or evidence, such as those applied in criminal and civil courts, will not apply. Furthermore, legal counsel may not participate in hearing proceedings unless a student is also facing criminal prosecution for the conduct at issue.  Where that is the case, the student’s legal counsel may attend the hearing and confer with the student in a non-disruptive manner during the hearing, but may not address the Administrative Review Committee, advocate for the student, or otherwise participate in the hearing.

Notification of Alleged Violation

The Director or their designee will provide to the student of concern (from this point forward referred to as the Respondent) a letter which outlines which of the Community Standards has allegedly been violated, gives notice that the matter has been referred to the Administrative Review Committee for resolution, and gives notice that failure to participate in the process does not prevent the hearing from moving forward. The letter will also give notice that the Director of their designee will arrange a pre-hearing meeting with the Respondent to review the process.

Pre-Hearing Meeting

The Director or their designee will meet with the Respondent to review the Campus Safety investigation report, the Standard allegedly violated, and the hearing process, and answer any questions the Respondent may have. The Director or their designee also advises the Respondent that they may bring one member of the College community (i.e., a current student, faculty or staff member) to the hearing for support. The support person must be from the current Bennington College community (with the exception noted above in circumstances where the student is also facing criminal prosecution for the conduct at issue) and may not participate directly in the hearing. The Respondent is also advised that the hearings will not be open to the public and only the Director or their designee may record the hearing.

Hearing Procedures

The chair of the Administrative Review Committee will convene the hearing and provide the Respondent a copy of the Campus Safety investigation report and the notification letter sent by the Director or their designee. The Respondent will be offered the opportunity to present an oral or written statement to the Committee. The Committee will have the opportunity to ask questions. At the conclusion of the Committee’s questions the Respondent may make a closing statement to the Committee. This will conclude the hearing and the Committee will then move into the deliberation phase. The Committee will make a decision using the preponderance standard, which means that the student will only be found responsible if it is more likely than not (i.e., there is a greater than 50% chance) that the alleged violation occurred.

Notice of Decision

On behalf of the Administrative Review Committee, the Director or their designee will prepare a decision within three business days of the Hearing. The Respondent will receive a letter detailing the decision. The letter will be delivered, when possible, in person by the Director or their designee. It may also be provided to the Respondent’s advisor, other appropriate College officials, and the student’s parent(s) or guardian.

Sanctions

Sanctions for violations of the Community Standards may include, but are not limited to, the following which may be imposed in any order, separately or in combination:

• Written Warning, which may be considered in increasing additional possible sanctions if similar or other violations occur in the future
• Housing Probation, which informs the student that if additional violations occur the student may be removed, immediately, and banned from all or specific College housing
• Housing Suspension, which means the student will be removed from all or specific housing for a specified period of time, during which time the student will still be responsible for all housing and meal plan financial obligations as contracted at the beginning of the academic term
• Social Suspension, which means the student may not participate in any College activities outside of activities required for the student’s academic pursuit
• Transportation Suspension, which means the student may not utilize any College sponsored transportation
• Permanent Removal from Housing, which means the student will be permanently removed from all or specific housing for the remainder of the student’s academic career at the College. The student will still be responsible for all housing and meal plan financial obligations as contracted at the beginning of the academic term
• Disciplinary Probation, which informs the student if additional violations occur the student may be suspended for the remainder of the academic term or year, or expelled from the College
• Restoration and/or Restitution Costs, through which the student is required to return or restore property, or pay for property damage within a specified period of time. 
• Suspension, which means the student is immediately banned from physical presence on the College campus, from participating in any College sponsored social activities, performances or exhibitions and use of College sponsored transportation for a specified period of time. The student will still be responsible for all housing and meal plan financial obligations as contracted at the beginning of the term, tuition, and fees for the remainder of the term
• Expulsion, which means the student is banned from being physically present on the College campus, from participating in any College sponsored social activities, performances or exhibitions and use of College sponsored transportation permanently. The student will still be responsible for all housing and meal plan financial obligations as contracted at the beginning of the term, tuition, and fees for the remainder of the term, and/or
• Withholding of or Revocation of Degree, which means the student’s degree will be withheld or revoked.

 All sanctions are effective immediately and will remain in effect during the appeal process.  

Appeals Process

All appeals of Judicial Committee and Administrative Review Committee decisions must be made in writing within four business days of the decision to the Dean of Student Life or her designee.

Appeals may only be made based on the following grounds:

• To consider new information that is sufficient to alter the decision or other relevant facts not brought out in the original proceeding, because such information and/or facts were not known to the Respondent appealing at the time of the original proceeding
• Violations of the hearing procedure that had a significant effect on the outcome.

The Dean of Student Life or their designee may, at their sole discretion, affirm, set aside, or modify (increase, decrease, or otherwise change) the original decision and/or sanction(s) imposed, or may return the matter to the Judicial Committee or Administrative Review Committee for reconsideration of the original decision and/or sanctions. The appeal decision is final.