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Preamble to the Code of Student Conduct
Smith students have worked to create a community which is based on individual integrity, self-respect and a mature concern on the part of each student for behavior as it affects oneself and other students. This is the type of community students and the College believe to be most conducive to the pursuit of higher education.
Successful living in this community is dependent upon balancing the greatest possible freedom for the individual with a sensitivity to and respect for the rights of others. A willingness to discuss, negotiate and compromise on the part of all members of the community is an essential element of life at Smith College. An obligation students assume as part of a self-governing student body is taking responsibility for personal conduct and the conduct of invited guests.
In a diverse community, disagreements and conflicts of various degrees of seriousness are inevitable. The college strongly encourages informal resolution of disputes or interactions that are not respectful. Many issues are best resolved by direct communication between the individuals involved, sometimes with the help of a third party. Community members are expected to engage in good faith attempts to mediate their differences. To that end all members of the community are encouraged to consult with the academic department chairs, chaplains, deans, human resources staff members, the office of institutional diversity, ombudsperson, residence life staff members, and student affairs staff members to discuss concerns and seek resolution to differences through mediation.
If informal strategies do not result in a resolution the formal complaint process described below can be used.
Policy Regarding the Role of the Judicial Board and the College Administration
The student-run College Judicial Board ensures that students uphold the standards adopted for the student community. The College Judicial Board hears cases of alleged infractions of non-academic rules and makes decisions about the outcomes of these cases. The College Judicial Board carefully considers the nature of the complaint and the board’s responsibility to the complainant, the student who is the subject of the complaint and the greater college community. The College Judicial Board has the authority to enforce decisions and to impose penalties or sanctions. The primary goals of such sanctions are education and rehabilitation.
The administration plays an important role in ensuring that the standards specified in the Code of Student Conduct, and this handbook, are maintained. Hearing advisors guide and provide continuity from year to year for the College Judicial Board. The administration generally refers cases of alleged infractions of the code to the Judicial Board, taking administrative action only when circumstances make that the best option and following consultation with the College Judicial Board. The board may also refer cases to the dean of students for action.
In addition to adjudicating certain violations, the dean of the college, or the dean’s designee, may impose a college or residential suspension prior to a student’s hearing before the College Judicial Board (sometimes referred to as an “interim suspension”). During an interim suspension, a student may be denied access to college houses, to the college campus (including classes), and/or to all other college activities and privileges for which the student might otherwise be eligible, as the dean, or the dean’s designee, may determine to be appropriate.
Academic Honor Code and Honor Board Distinguished
All Smith students sign the Academic Honor Code which describes the standards of responsible behavior, respect, and honesty while engaging in academic activities. The Academic Honor Board is the committee of students and faculty responsible for upholding the Academic Honor Code and hearing cases of alleged infractions of academic rules and regulations. Its jurisdiction and procedures are outlined below and referenced in Article X of the Student Government Association Constitution and Article VI of the Bylaws.
Office of Institutional Diversity
The Office of Institutional Diversity serves to ensure that the college meets fully its obligations of nondiscrimination under federal and state laws. The Smith community is also committed to maintaining a community in which our diverse student body can live and work in an atmosphere of tolerance, civility and mutual respect for the rights and sensibilities of each individual, regardless of her economic status, ethnic background, political views, sexual orientation or other personal characteristics and beliefs. The Judicial Board serves to uphold these standards, handling complaints of alleged bias by providing a timely response to bias incidents and helping students navigate other college procedures where necessary.
Code of Student Conduct
The Code of Student Conduct describes for each student and her guests unacceptable conduct and behaviors. Engaging in these prohibited acts violates the standards of individual integrity, self-respect, respect for the rights and property of others and responsible behavior which have been adopted in the college community. While engaged in activities at any of the institutions that are part of the Five College consortium, students are also subject to the rules and regulations of the institution where the activity takes place in addition to the policies of Smith College.
When an alleged violation of the Code of Student Conduct also describes a violation of state, federal or other laws or regulations, the Judicial Board and the administration reserve the right to hear and impose sanctions pending actions by courts or other tribunals outside of the college.
Role of an Investigation in Code of Conduct Violations
At any time the College Judicial Board may decide to invoke a formal investigative process in addition to receiving the complaint and the response from the parties involved in a matter alleging a violation of the Code of Student Conduct.
When a formal complaint of an alleged violation of the Code of Student Conduct describes prohibited conduct under section 4, an investigation, usually by the Office of Institutional Diversity, is required and findings will be presented to the College Judicial Board as part of the hearing process. According to the Student Government bylaws the College Judicial Board will include four (4) Smith community members in addition to the usual College Judicial Board members, for hearings of prohibited conduct section 4.
An investigation generally will include interviews with: (1) the complainant; (2) the respondent; (3) witnesses, if any; and others as determined by the investigator. The investigator will also review documents provided by either the complainant or the respondent and will gather other relevant documents. Investigators will be trained and will treat all in the process with respect and with neutrality. The investigator is responsible for managing the process with reasonable speed under the circumstances.
All students are expected to cooperate fully in efforts to investigate and enforce this policy. Records of the investigation will be held by only the investigator until findings are made and shared with the College Judicial Board.
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