Disposition of A Charge Without Hearing
At any time prior to the start of a hearing, the accused student may elect to seek disposition of the charge without hearing by the Student Conduct Committee. Such a disposition without hearing may be achieved in either of two ways:
1. Disposition by Agreement
The accused student may seek resolution of a pending charge by asking the Dean of Students to recommend a disposition. The Dean of Students, after consulting with the accusing student (if any) and any other affected person(s) and after considering what result would be in the best interest of the College, shall then propose a final disposition of the charge. If the accused student agrees to the disposition proposed by the Dean, the Dean shall give notice of the proposed disposition to the accusing student and other affected persons and shall apply to the Co-Chairs of the Student Conduct Committee for approval of the proposed disposition. The Co-Chairs shall thereupon schedule a disposition review meeting as soon as possible to consider the proposed dis-position and shall give notice of the place and time of that meeting to the Dean of Students, the accused student, and the accusing student.
The Dean of Students and the accused student shall attend the dis-position review meeting called by the Co-Chairs of the Student Conduct Committee. The accused student’s advisor and support person, if any, the accusing student, and the accusing student’s advisor and support person, if any, shall have the right but shall not be obliged to attend. The disposition review meeting shall be private. Only the Co-Chairs, the Dean of Students, the accused student, the accusing student, their advisors, their support persons, and a secretary, may be present. The secretary shall take detailed notes of the meeting.
At the meeting the Co-Chairs will inquire into the proposed dispo-sition and the facts and circumstances supporting the charge. If the Co-Chairs, after inquiry of those attending the meeting, determine that the proposed disposition is fair, appropriate, and in the best interest of the College, the Co-Chairs shall approve the proposed disposition, and shall prepare a written statement of the disposition and its approval. The disposition, once approved by the Co-Chairs, shall have the same force and effect as a decision and penalty imposed by the Student Conduct Committee and shall become effec-tive immediately.
If the Co-Chairs do not approve the disposition they may propose changes to the disposition to which both the accused student and the Dean must agree. If the Dean or the accused student do not approve the changes to the disposition, if the Co-Chairs cannot reach consensus on a decision, or if the Co-Chairs wish for the full committee to hear the case, the charge shall be heard by the Student Conduct Committee. Any statement made by an accused student at a disposition review meeting cannot, in itself, be entered as evidence at a subsequent SCC hearing on the charge considered in the disposition review meeting.
Nothing contained in this subsection titled “Disposition of a Charge Without Hearing” is intended to limit the Dean’s investigation of the matter at hand. In particular, even though the statements of an accused student made at a disposition review meeting are not themselves admissible in a hearing before the Student Conduct Committee, the Dean may nevertheless use information contained in those statements to guide further investigation of the matter. Evidence gathered in such further investigation will be admissible in the subsequent Student Conduct Committee hearing.
2. Disposition by Withdrawal
An accused student has the right to withdraw from the College at any time, rather than proceed to hearing before and decision by the Student Conduct Committee. The accused student shall notify the Dean of Students of his/her decision to withdraw from the College. The withdrawal must be effective immediately or on a date approved by the Dean of Students. A student who elects to withdraw from the College while charges are pending before the Student Conduct Committee shall have no right to apply for readmission. In exceptional circumstances, however, the Dean of Students may grant permission to apply for readmission to a withdrawing or withdrawn student. If such special permission is granted, readmission will not be automatic and may be denied or offered subject to such terms and conditions as the Dean may deem to be appropriate. The transcript of a student who withdraws under these circumstances shall contain the notation “Voluntary withdrawal with disciplinary charges pending.” An accused student exercising his or her right to withdraw voluntarily under this subsection must, as a requirement of such withdrawal, execute and deliver to the Dean of Students, on a form provided by the Dean, a written statement confirming (a) the student’s voluntary withdrawal with disciplinary charges pending, (b) the date on which such withdrawal shall be effective, (c) the student’s acknowledgement that his or her official college transcript will thereafter bear the notation “Voluntary withdrawal with disciplinary charges pending,” and (d) any terms and conditions of his or her withdrawal.
There shall be no right of appeal from a disposition (a) by agreement or (b) by withdrawal, and all such dispositions shall be final. The Dean of Students shall inform an accused student that these options for disposition of a charge without hearing are available at the time of giving written statement of the charge to the accused student under Section II.B.4.b.1.