Formal Hearings

Formal Hearing Process
 
A formal hearing can occur in one of two ways:

1. Conduct Review Board Hearing: Heard by a panel from the Conduct Review Board, which determines responsibility and recommends sanctions; and a Presiding Dean, who adjudicates sanctions, if any; or 
2. Formal Administrative Hearing: Heard before a single Presiding Dean who will act as both a finder of fact and the adjudicator of a sanction, if any. 

The Dean of Students or their designee, in consultation with the Associate Dean for Community Standards and the chair(s) of the Conduct Review Board, has discretion to determine whether the matter will be heard by a panel from the Conduct Review Board and a Presiding Dean (Conduct Review Board Hearing) or before a single Presiding Dean (Formal Administrative Hearing). 

Reasonable exceptions by the College to observe the time limits or other procedural requirements expressed in these procedures shall not constitute an abridgement of the rights of the parties.

Unless circumstances require otherwise, the College will conduct all hearings in person. When it is not possible for a hearing to take place in person or when circumstances require otherwise, for example, in a case involving parties to a No Contact Order, the College will hold a hearing via videoconference.

Formal Hearing Overview  

The following section applies to any Formal Hearing, whether occurring before the Conduct Review Board or a single Presiding Dean conducting a Formal Administrative Hearing:

1. Initiating a Formal Hearing 

As outlined in the Student Disciplinary Process, a Formal Hearing may be initiated in response to alleged violations of any: the Academic Honor Code and the Social Code, the Code of Community Standards, or other College policy.

2. Formal Hearing Guidelines 

During the hearing, the Presiding Chair or Presiding Dean has discretionary authority to make procedural rulings as necessary to conduct the Formal Hearing within the guidelines of the Code of Community Standards and in the spirit of fairness. This includes but is not limited to decisions on the relevance and/or admissibility of evidence or the participation of witnesses. 

The evidentiary and decisional standard in all College disciplinary matters is a “preponderance of evidence.” 

Formal evidentiary rules do not apply in College hearings or disciplinary processes; the Conduct Review Board Panel or the Presiding Dean may consider any evidence, such as pertinent records, exhibits, and written statements, it determines relevant and credible. 

If the Conduct Review Board Panel or Presiding Dean concludes that a violation has occurred, it may consider Respondent’s prior disciplinary history as appropriate, including educational conversations, informal hearings, and formal hearings, or related civil or criminal records when recommending or assigning appropriate sanctions.

In cases involving more than one Respondent, the College may hold separate hearings for each Respondent or a combined hearing for all Respondents. In cases involving unrelated charges against a single Respondent, the College may conduct separate hearings or a single hearing for the Respondent. 

Hearings are confidential and will be conducted in a manner consistent with affording the parties a reasonable degree of privacy. 

Hearings may only be recorded by the College. This record becomes the property of Bowdoin College with access determined by the Dean of Students. Deliberations will not be recorded. 

If the Respondent is found responsible for the charge(s), the Presiding Dean will meet with the Respondent, typically within two (2) business days of the hearing’s conclusion, and provide the Respondent with a letter outlining the outcome and any sanction(s).

3. General Formal Hearing Guidelines for Respondents 

For the purposes of assuring fairness and consistency, the College adopts the following protections for students participating in Formal Hearings: 

1. Charge Meeting: Respondents are expected to attend a charge meeting with the Hearing Advisor and their dean to review and discuss the alleged charges, their rights and responsibilities, and the hearing procedures. Failure to appear for or participate in the charge meeting will not delay the disciplinary process.
   
   
2. Written Notice: Prior to the hearing, the Office of the Dean of Students will provide the Respondent with a written notice outlining the alleged misconduct charges, the time, place, and method (in person or virtual) and type of hearing (Conduct Review Board or Formal Administrative Hearing before a Presiding Dean). The Complaining Witness shall also receive notice of the charges and the date, time, and place of the hearing. 
   
   
3. Reasonable Preparation: Respondents must have a reasonable period of time in which to prepare for the hearing. This is generally not less than seven (7) and not more than fifteen (15) calendar days after the written notice. Respondents may request to waive minimum time limits. In matters involving a Complaining Witness who is a student, the parties may request to waive minimum time limits where both parties consent. The Hearing Advisor has the discretion to extend maximum time limits. 
   
   
4. Examination and Submission of Evidence: Prior to the hearing, the Respondent(s) and Complaining Witness(es) may examine all evidence scheduled for review by the Conduct Review Board Panel or Presiding Dean. Evidentiary support may include, but is not limited to, original source material, class syllabus, written instructions or statements, emails, reports, photographs, or video footage.
   
   After a review of the file, the Respondent may submit a written statement responding to the evidence. Up to four (4) calendar days prior to the hearing, the Respondent may submit any relevant evidence they wish the Conduct Review Board panel or Presiding Dean to consider, including identifying any proposed witness(es) together with a brief description of the issue(s) the witness(es) intends to speak to. Prior to or during the hearing, the Presiding Dean or the Hearing Advisor may determine that proposed evidence, including a witness’s statement, is not relevant and may exclude it. In appropriate circumstances, the Presiding Chair or Presiding Dean may delay or continue the hearing to afford a Respondent sufficient time to respond to the Complaining Witness’s evidentiary support. 
   
   The Complaining Witness may provide responsive information up to two (2) calendar days prior to the hearing. 
   
   
5. Supporter: If Respondents wish, they may have Bowdoin faculty member, staff member, or student serve as a Supporter to provide emotional and personal support throughout the Formal Hearing process. However, the Supporter may not actively participate during the hearing. For example, the Supporter may not make statements to the Board or ask questions of any party or witness. The Supporter may not be a member of the Office of the Dean of Students, Counseling Services, or a member of the Conduct Review Board. The name of this person must be provided to the Hearing Advisor at least four (4) calendar days prior to the scheduled hearing.
   
   
6. Character Reference: Respondent may have a single Character Reference speak on their behalf at the hearing or submit a written statement on Respondent’s behalf. Character References should speak to Respondent’s character and provide the context in which they know Respondent. They should refrain from discussing the case at hand unless they have first-hand knowledge, in which case they can participate as a Witness at the appropriate time during the hearing. The Character Reference must be a Bowdoin faculty member, staff member, or student but may not be a member of the Office of the Dean of Students, Counseling Services, or a member of the Conduct Review Board. Respondent must provide the name of the Character Witness in writing to the Hearing Advisor at least four (4) calendar days prior to the scheduled hearing. 
   
   
7. Impartiality: Respondents may raise concerns that the Respondent believes a member of the Conduct Review Board and/or the Presiding Dean is incapable of rendering an impartial decision. The concern must be raised in writing to the Hearing Advisor at least four (4) calendar days prior to the hearing demonstrating a conflict of interest. The Hearing Advisor will consider such concerns if they are raised. 
   
   
8. Procedural Rights During the Hearing: At the hearing, Respondent may, in an orderly fashion, make opening and closing statements, present evidence, respond to questions from the Panel or Presiding Dean, question witnesses through the Presiding Chair or Dean, and hear and question evidence. 
   
   
9. Attendance: Respondents are expected to attend the hearing as scheduled by the Office of the Dean of Students. If a Respondent fails or refuses to appear, the Presiding Chair or Presiding Dean may allow the hearing to proceed in their absence, including presentation of evidence, and the Panel or Presiding Dean will reach decisions based on the evidence presented. 
   
   
10. Truthfulness: Student participants are expected to be forthcoming and truthful. Failure to be forthcoming and truthful will be a consideration in any sanction and may be judged by the Panel or Presiding Dean to compound the gravity of the original charge(s). Making purposefully misleading and/or false statements, or a failure to be forthcoming and truthful, may result in a more significant sanction(s) or additional disciplinary charges leading to a separate hearing. 
    
    
11. Prior Disciplinary History: If the Panel or Presiding Dean concludes that a violation has occurred, it may consider Respondent’s prior disciplinary history as appropriate, including educational conversations, informal hearings, and formal hearings, or related civil or criminal records when recommending or assigning appropriate sanctions.
    
    
12. Attorneys: Attorneys shall not participate in the College’s disciplinary process. If a Student Party has independent and pending state or federal criminal proceedings, their attorney is permitted to attend the Formal Hearing; however, they are limited to advisory status with no opportunities to make statements to the Board or Presiding Dean, raise objections, ask questions, or cross-examine any party, witness and/or other individual participating in the hearing. This is the only situation in which the College would allow an attorney to attend a Formal Hearing. The Student Party must notify the Hearing Advisor that an attorney will be present at least two (2) calendar days prior to the scheduled hearing. 

4. General Expectations of Individuals Involved in Formal Hearings 

1. Witnesses: Witnesses are expected to attend and participate unless excused by the Hearing Advisor. Witnesses are expected to be forthcoming and truthful in their testimony. Making purposefully misleading and/or false statements, or a failure to be forthcoming and truthful, may result in disciplinary charges leading to a separate hearing. 
   
   The Presiding Chair or Presiding Dean reserves the right to call a witness(es) not otherwise called by a party, including an Expert Witness, if the witness would assist in the understanding of the case. Only the Presiding Chair or Presiding Dean may call an “expert witness.” Professional staff members from Bowdoin College’s Counseling and/or Health Services may not serve as witnesses, expert or otherwise.
   
   In limited circumstances, a student may request that a member of Counseling and/or Health Services, with whom they have a clinical/treating relationship, submit a written clinical assessment. The Hearing Advisor will rule on such requests.
   
   The Hearing Advisor will notify witnesses of the date, time, and place of the Formal Hearing. The Advisor may speak with a Witness to inform them of their role and the expectations of their participation. 
   In rare and exceptional circumstances when a witness is excused by the Hearing Advisor, they may submit a witness statement responding to prompts provided by the Hearing Advisor and/or Presiding Dean. If determined to be relevant, either in whole or in part, the relevant portions of the written statement will be read into the record by the Hearing Advisor during the hearing. The Respondent will be given an opportunity to respond to the witness statement after it is read into the record. Witnesses should be advised that a written statement may be determined to carry less evidentiary weight than live testimony by the Conduct Review Board or Presiding Dean.
   
   
2. Observers: Supporters, observers, and other individuals present at the Formal Hearing are not allowed to participate actively in the hearing process. All questions and comments must be addressed to the Presiding Chair or Dean.
   
   
3. Confidentiality: Given the confidential nature of the College’s disciplinary procedures, except as authorized by the Hearing Advisor, witnesses and other individuals shall not discuss the case with persons not present at the hearing. 
   
   Furthermore, Complaining Witnesses, Respondents, witnesses, and other individuals shall not retain, preserve, print, share, publish, or distribute materials from the hearing, including portions or excerpts thereof, without the written consent of the Dean of Students or designee. Parties may discuss case file material only with those directly involved in support or preparation for the hearing (i.e. parents/guardians, supporter). Violation of these confidentiality requirements may result in disciplinary charges leading to a separate hearing or administrative action. 

5. Disposition without Hearing 

A Respondent who is charged with as part of a Formal Hearing Process and accepts responsibility for the charges, may request the Presiding Dean adjudicate a final disposition of the charges in lieu of a hearing. The request must be made in writing to the Presiding Dean not later than two (2) calendar days before the scheduled hearing. If the request for disposition without hearing is accepted, the Presiding Dean will assess a sanction appropriate to the acknowledged violation(s). An administrative disposition without hearing is final and may not be appealed. If the Presiding Dean determines that disposition without hearing is not in the best interest of the College, the request will be denied, and the case will go forward to a Formal Hearing.