Investigating Alleged Misconduct
1. The Dean calls students in for questioning at an initial stage of an investigation. Students are expected to cooperate with the Dean and must meet with the Dean when called upon to do so.
2. Any student called upon to provide information in connection with a disciplinary matter may ask a current member of the Bates College community (i.e., students, faculty, staff) to serve as advisor, provided that this individual is willing and available to serve at the appropriate time (i.e., without significantly delaying the investigation). The Dean of Students, annually or more frequently as needed, shall issue a general call to the College community, inviting faculty, staff, and students to serve as advisors, and shall maintain a list of those willing to serve in this capacity. A student may have an advisor present when s/he meets with the Dean. At the point where an investigation of major misconduct focuses on an individual student as a probable violator of the Code, that student should be told by the Dean of his/her right to have an advisor and be encouraged to use the advisor. The student should at the same time be told that there are faculty members, staff members, or students ready to serve as advisors to accused students who wish their service. Any time a student meets with the Dean, and the Dean is investigating that student for potential disciplinary charges, the student should be informed of the nature of the meeting with the Dean.
3. Students likely to serve as evidentiary witnesses are also to be reminded of their right to have an advisor when they meet with the Dean pursuant to an investigation. In cases involving an allegation of misconduct that falls into the category of “Actions Against Per-sons,” the accusing party is likely to be an evidentiary witness and should be encouraged to seek an advisor. Accusing parties should be informed that there are faculty members, staff members, or stu-dents ready to serve as advisors to accusing parties who wish their services. The accusing party may be another student or a College employee. In cases of an Action Against Persons, when the victim declines to be a witness or an accusing party, the Dean of Students may nevertheless proceed with a charge of misconduct if sufficient evidence, independent of the victim’s testimony, exists to support the charge. In such cases there will be no accusing party. Examples of sufficient independent evidence may include circumstances in which (a) there is sufficient testimony from an eyewitness other than the victim or (b) there is authentic video-recording evidence which identifies the perpetrator and the victim and depicts the act or acts of misconduct.
4. The Dean should provide the accused student (and the accusing party in cases alleging Actions Against Persons) with another copy of the student conduct procedures.
5. While the Dean is preparing to bring charges against a particular student in a case that will go to the Student Conduct Committee (SCC), the student and his/her advisor should be encouraged to meet with the Judicial Educator, who explains the disciplinary pro-cess (see Part III, A.3.). The student bears the responsibility for de-ciding whether and when to exercise this right to meet with the Judicial Educator.
6. The Dean of Students shall each year, or from time to time as necessary, issue the names of faculty members, staff members, and students who have agreed to serve as advisors to accused students when called upon to do so and the names of faculty members, staff members, and students who have agreed to serve as advisors to accusing students when called upon to do so.