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diff --git a/handbook.md b/handbook.md index 35e19e8..535f8b7 100644 --- a/handbook.md +++ b/handbook.md @@ -8260,21 +8260,21 @@ a. *The Investigative Report:* After the investigation is completed, the Investigator will deliver an Investigative Report to the Dean. The Investigative Report shall: - i. include a clear Statement of Charges that specifies the conduct - that allegedly violates this Policy, the particular section(s) of - this Policy allegedly violated, the time period when the conduct - allegedly occurred, and any other information necessary to give - the Respondent fair notice of the charges and alleged violations; - - ii. include a summary of the information presented during the - investigation including a section where the Investigator points - out relevant consistencies or inconsistencies (if any) between - different sources of information; - - iii. not include a recommendation or a determination as to whether - the Respondent has committed misconduct or what sanctions may be - appropriate. These determinations will be made by the Judicial - Committee (see below). + > i. include a clear Statement of Charges that specifies the conduct + > that allegedly violates this Policy, the particular section(s) of + > this Policy allegedly violated, the time period when the conduct + > allegedly occurred, and any other information necessary to give + > the Respondent fair notice of the charges and alleged violations; + + > ii. include a summary of the information presented during the + > investigation including a section where the Investigator points + > out relevant consistencies or inconsistencies (if any) between + > different sources of information; + + > iii. not include a recommendation or a determination as to whether + > the Respondent has committed misconduct or what sanctions may be + > appropriate. These determinations will be made by the Judicial + > Committee (see below). b. *Review by the Respondent:* Within five (5) business days of receiving the Investigative Report, the Dean will provide the @@ -8301,145 +8301,145 @@ shall appoint a six member Judicial Committee ("Committee") comprised of three senior administrators and three faculty members from outside the Respondent's home department. - i. The faculty members shall be selected from the elected members - of the Faculty Review Committee (FRC) and the elected faculty - members of the Campus Hearing Board (CHB). - - ii. The senior administrators shall be selected from a pool of - senior academic administrators. Once the Committee has been - appointed, the Dean shall notify the Respondent in writing of the - names of the members of the Committee. Within five (5) days, the - Respondent may challenge the composition of the Committee based on - alleged bias or conflict of interest. If a challenge is raised, - the remaining members of the Committee shall determine whether - bias or a conflict exists. If a bias or conflict is found, the - Provost and the Secretary of the Faculty shall select a - replacement from the pool of elected FRC and CHB members or from - other academic administrators, as appropriate. + > i. The faculty members shall be selected from the elected members + > of the Faculty Review Committee (FRC) and the elected faculty + > members of the Campus Hearing Board (CHB). + + > ii. The senior administrators shall be selected from a pool of + > senior academic administrators. Once the Committee has been + > appointed, the Dean shall notify the Respondent in writing of the + > names of the members of the Committee. Within five (5) days, the + > Respondent may challenge the composition of the Committee based on + > alleged bias or conflict of interest. If a challenge is raised, + > the remaining members of the Committee shall determine whether + > bias or a conflict exists. If a bias or conflict is found, the + > Provost and the Secretary of the Faculty shall select a + > replacement from the pool of elected FRC and CHB members or from + > other academic administrators, as appropriate. d. *Roles and Responsibilities of the Judicial Committee:* Within ten (10) days following the establishment of the Committee (and the resolution of any challenge(s) based on bias or conflict of interest), the Committee should meet and select one faculty member and one senior academic administrator to serve as Co-Chairs. -The Judicial Committee will obtain the Investigative Report from the -Dean and convene to review the Investigative Report. The Judicial -Committee, in its discretion, may request the Investigator to attend a -Judicial Committee meeting and answer questions. The Judicial -Committee, in its discretion, may request the Investigator to conduct -additional investigation on specific points. In addition, the -Judicial Committee must interview the Complainant and the Respondent -(where those individuals are available and willing to be interviewed) -and, in its discretion, may request to speak with any other individual -identified in the Investigative Report as well as any other individual -with relevant information including individuals identified by the -parties. - -The Judicial Committee may request the parties that participated in -the investigation to appear at a hearing to answer questions posed by -the Judicial Committee. The Respondent should indicate whether the -Respondent waives the holding of a hearing. If a hearing is to take -place, then: - -> i. The Committee Co-Chairs should promptly set a schedule for the -> hearing and the other disclosures and responses addressed in this -> section. The hearing schedule may take place over several days, as -> necessary. Before setting the schedule, the Committee Co-Chairs -> should discuss the proposed schedule with the Respondent. Once the -> schedule is set, the Committee Co-Chairs may allow reasonable -> extensions of time upon request. - -> ii. The Committee Co-Chairs shall provide the Respondent with copies -> of all materials the Committee intends to use at the hearing and the -> names of witnesses expected to testify. Thereafter, the Committee -> Co-Chairs may supplement these materials as necessary with adequate -> notice given to the Respondent. - -> iii. The Respondent shall provide the Committee Co-Chairs with -> copies of all materials the Respondent intends to use at the hearing -> and the names of any witnesses expected to testify. Thereafter, the -> Respondent may supplement these materials as necessary with the -> permission of the Committee Co-Chairs. - -At the hearing: - -> i. The Respondent shall have an opportunity to present the -> Respondent's defense to the Committee including any documents, -> witnesses or other evidence. The Respondent should be allowed, -> within reasonable limits set by the Committee Co-Chairs, to question -> witnesses. - -> ii. The Committee will not be bound by rules of evidence applicable -> in a court of law, and may admit any evidence which, in its opinion, -> is of probative value in deciding the issues involved. If any facts -> are in dispute, the Committee shall determine the order in which -> evidence is offered at the hearing and the process for questioning -> witnesses. - -The Committee shall conclude its review of the case (including the -hearing) and make a decision within sixty (60) days after the -establishment of the Committee (and the resolution of any challenge(s) -based on bias or conflict of interest). All findings and -determinations of responsibility and sanctions will be made based on a -preponderance of the evidence standard. This standard requires the -determination of whether it is more likely than not that a fact exists -or a violation of this Policy occurred. - -Upon reaching a determination by majority vote (4 to 2, 5 to 1, or 6 -to 0), the Committee shall provide a written report to the Dean, the -Provost, the Respondent and the Complainant consisting of: (i) the -Committee's factual findings; (ii) a decision as to whether the -Respondent committed misconduct; (iii) any sanction; and (iv) the -rationale for these decisions addressing the merits of any reasonable -explanation or defense provided by the Respondent; and (v) the -numerical vote of the Committee without identifying individual votes. - -In the case of a tie vote (3 to 3), the Committee shall deliver its -report (with its factual findings, with appropriate rationale both for -and against a finding of responsibility, and without a determination -of responsibility and sanctions) to the President. The Committee's -report shall indicate that the vote was tied and whether the three -faculty members all voted to find the Respondent not responsible. The -President will have access to all written reports and materials -relevant to the case. In all such cases, the President shall consider -the matter and consult with the Judicial Committee and the Secretary -of the Faculty before making a decision. - -> i. If the three faculty members on the Judicial Committee did not -> all vote to find the Respondent not responsible then the President -> shall make a final written decision with supporting reasons about -> whether the Respondent committed misconduct and any sanctions to be -> imposed. The President's final written decision shall be delivered -> to the Provost, the Complainant, the Respondent, and the Judicial -> Committee. The Respondent, the Complainant, and the Provost shall -> also receive the Judicial Committee's written report. - -> ii. If the three faculty members on the Judicial Committee did all -> vote to find the Respondent not responsible and the President agrees -> with the faculty position, then the President will notify the -> Judicial Committee, the Dean, the Provost, the Complainant and the -> Respondent that the Respondent has been found not responsible. The -> Respondent, the Complainant, and the Provost shall also receive the -> Judicial Committee's written report. - -> iii. If the three faculty members on the Judicial Committee did all -> vote to find the Respondent not responsible and the President -> disagrees with the faculty position, then the President will state -> the reasons for doing so, in writing, to the Judicial Committee and -> the Respondent and shall provide an opportunity for a response from -> the Respondent before transmitting the Judicial Committee's report -> and the supporting materials relevant to the matter, to the Board of -> Trustees. The Board's review will be based on the supporting -> materials relevant to the case, and it will provide the opportunity -> for argument, oral or written or both, at the hearing, by the -> parties and one of the faculty members on the Judicial Committee, or -> by their representatives. If the Board is inclined to find the -> Respondent responsible, then the Board shall state the basis for its -> inclination in writing and return the proceedings to the Judicial -> Committee for reconsideration. The Committee will then reconsider, -> taking into account the Board's comments and receiving new evidence, -> if necessary. The Board of Trustees will make a final decision only -> after study of the Committee's reconsideration. The Board's final -> written decision shall be delivered to the President, the Provost, -> the Complainant, the Respondent, and the Judicial Committee. The -> Respondent shall also receive the Committee's written report. + The Judicial Committee will obtain the Investigative Report from the + Dean and convene to review the Investigative Report. The Judicial + Committee, in its discretion, may request the Investigator to attend a + Judicial Committee meeting and answer questions. The Judicial + Committee, in its discretion, may request the Investigator to conduct + additional investigation on specific points. In addition, the + Judicial Committee must interview the Complainant and the Respondent + (where those individuals are available and willing to be interviewed) + and, in its discretion, may request to speak with any other individual + identified in the Investigative Report as well as any other individual + with relevant information including individuals identified by the + parties. + + The Judicial Committee may request the parties that participated in + the investigation to appear at a hearing to answer questions posed by + the Judicial Committee. The Respondent should indicate whether the + Respondent waives the holding of a hearing. If a hearing is to take + place, then: + + > i. The Committee Co-Chairs should promptly set a schedule for the + > hearing and the other disclosures and responses addressed in this + > section. The hearing schedule may take place over several days, as + > necessary. Before setting the schedule, the Committee Co-Chairs + > should discuss the proposed schedule with the Respondent. Once the + > schedule is set, the Committee Co-Chairs may allow reasonable + > extensions of time upon request. + + > ii. The Committee Co-Chairs shall provide the Respondent with copies + > of all materials the Committee intends to use at the hearing and the + > names of witnesses expected to testify. Thereafter, the Committee + > Co-Chairs may supplement these materials as necessary with adequate + > notice given to the Respondent. + + > iii. The Respondent shall provide the Committee Co-Chairs with + > copies of all materials the Respondent intends to use at the hearing + > and the names of any witnesses expected to testify. Thereafter, the + > Respondent may supplement these materials as necessary with the + > permission of the Committee Co-Chairs. + + At the hearing: + + > i. The Respondent shall have an opportunity to present the + > Respondent's defense to the Committee including any documents, + > witnesses or other evidence. The Respondent should be allowed, + > within reasonable limits set by the Committee Co-Chairs, to question + > witnesses. + + > ii. The Committee will not be bound by rules of evidence applicable + > in a court of law, and may admit any evidence which, in its opinion, + > is of probative value in deciding the issues involved. If any facts + > are in dispute, the Committee shall determine the order in which + > evidence is offered at the hearing and the process for questioning + > witnesses. + + The Committee shall conclude its review of the case (including the + hearing) and make a decision within sixty (60) days after the + establishment of the Committee (and the resolution of any challenge(s) + based on bias or conflict of interest). All findings and + determinations of responsibility and sanctions will be made based on a + preponderance of the evidence standard. This standard requires the + determination of whether it is more likely than not that a fact exists + or a violation of this Policy occurred. + + Upon reaching a determination by majority vote (4 to 2, 5 to 1, or 6 + to 0), the Committee shall provide a written report to the Dean, the + Provost, the Respondent and the Complainant consisting of: (i) the + Committee's factual findings; (ii) a decision as to whether the + Respondent committed misconduct; (iii) any sanction; and (iv) the + rationale for these decisions addressing the merits of any reasonable + explanation or defense provided by the Respondent; and (v) the + numerical vote of the Committee without identifying individual votes. + + In the case of a tie vote (3 to 3), the Committee shall deliver its + report (with its factual findings, with appropriate rationale both for + and against a finding of responsibility, and without a determination + of responsibility and sanctions) to the President. The Committee's + report shall indicate that the vote was tied and whether the three + faculty members all voted to find the Respondent not responsible. The + President will have access to all written reports and materials + relevant to the case. In all such cases, the President shall consider + the matter and consult with the Judicial Committee and the Secretary + of the Faculty before making a decision. + + > i. If the three faculty members on the Judicial Committee did not + > all vote to find the Respondent not responsible then the President + > shall make a final written decision with supporting reasons about + > whether the Respondent committed misconduct and any sanctions to be + > imposed. The President's final written decision shall be delivered + > to the Provost, the Complainant, the Respondent, and the Judicial + > Committee. The Respondent, the Complainant, and the Provost shall + > also receive the Judicial Committee's written report. + + > ii. If the three faculty members on the Judicial Committee did all + > vote to find the Respondent not responsible and the President agrees + > with the faculty position, then the President will notify the + > Judicial Committee, the Dean, the Provost, the Complainant and the + > Respondent that the Respondent has been found not responsible. The + > Respondent, the Complainant, and the Provost shall also receive the + > Judicial Committee's written report. + + > iii. If the three faculty members on the Judicial Committee did all + > vote to find the Respondent not responsible and the President + > disagrees with the faculty position, then the President will state + > the reasons for doing so, in writing, to the Judicial Committee and + > the Respondent and shall provide an opportunity for a response from + > the Respondent before transmitting the Judicial Committee's report + > and the supporting materials relevant to the matter, to the Board of + > Trustees. The Board's review will be based on the supporting + > materials relevant to the case, and it will provide the opportunity + > for argument, oral or written or both, at the hearing, by the + > parties and one of the faculty members on the Judicial Committee, or + > by their representatives. If the Board is inclined to find the + > Respondent responsible, then the Board shall state the basis for its + > inclination in writing and return the proceedings to the Judicial + > Committee for reconsideration. The Committee will then reconsider, + > taking into account the Board's comments and receiving new evidence, + > if necessary. The Board of Trustees will make a final decision only + > after study of the Committee's reconsideration. The Board's final + > written decision shall be delivered to the President, the Provost, + > the Complainant, the Respondent, and the Judicial Committee. The + > Respondent shall also receive the Committee's written report. ### 9. Appeals @@ -8494,28 +8494,28 @@ practicable, steps should be taken to ensure an impartial and unbiased process, including participation of persons who have no conflicts of interest that could affect their ability to be objective and unbiased. -In cases where allegations of misconduct have been brought against the -Dean or the Provost, or where there is a claim of bias or conflict of -interest involving the Dean or the Provost, then the President shall -resolve any questions of bias or conflict of interest and adjust the -process as necessary. The President's decision on such questions shall -be final. In cases where allegations of misconduct have been brought -against the President, or where there is a claim of bias or conflict -of interest involving the President, then the Provost shall resolve -any questions of bias or conflict of interest and adjust the process -as necessary. - -In the case when allegations have been brought against the Secretary -of the Faculty, the Chair of the Committee on Governance will play the -role of the Secretary of the Faculty in this policy. - -b. *Duty of Honesty:* Any person who knowingly makes a false statement -- either explicitly or by omission - in connection with any part of -the process will be subject to separate disciplinary action. A false -or unfounded report of misconduct determined to have been made in bad -faith and dishonesty is a serious offense. Such offenses should -themselves be investigated under the appropriate WPI policy and may -lead to disciplinary action, up to and including termination of + In cases where allegations of misconduct have been brought against the + Dean or the Provost, or where there is a claim of bias or conflict of + interest involving the Dean or the Provost, then the President shall + resolve any questions of bias or conflict of interest and adjust the + process as necessary. The President's decision on such questions shall + be final. In cases where allegations of misconduct have been brought + against the President, or where there is a claim of bias or conflict + of interest involving the President, then the Provost shall resolve + any questions of bias or conflict of interest and adjust the process + as necessary. + + In the case when allegations have been brought against the Secretary + of the Faculty, the Chair of the Committee on Governance will play the + role of the Secretary of the Faculty in this policy. + +b. *Duty of Honesty:* Any person who knowingly makes a false +statement - either explicitly or by omission - in connection with any +part of the process will be subject to separate disciplinary action. +A false or unfounded report of misconduct determined to have been made +in bad faith and dishonesty is a serious offense. Such offenses +should themselves be investigated under the appropriate WPI policy and +may lead to disciplinary action, up to and including termination of employment or other affiliation with WPI. A report made in good faith is not considered false merely because the evidence does not ultimately support the allegation of violation of the Policy.