After a possible violation of the Conduct Code has been reported to the Senior Associate Dean for Research and Graduate Programs, the Senior Associate Dean will gather information sufficient to conduct an initial assessment of the report. This preliminary fact-gathering may include, for example, coordination with the Dartmouth Department of Safety & Security and a meeting with the reporting individual. The initial assessment is intended to determine whether the allegations, if true, would constitute a violation of the Conduct Code. If they would, the Senior Associate Dean in consultation with other Thayer administrators, as necessary, will determine whether the matter will be resolved by the Senior Associate Dean or referred to a committee for hearing.
If the matter is proceeding at Thayer, the Senior Associate Dean, or their designee, will alert the student against whom allegations have been made. The Associate Dean for Academic and Student Affairs will typically also meet with the student to discuss the allegations, explain the disciplinary process, and answer any questions.
If necessary, the Senior Associate Dean may request support from the Dartmouth Department of Safety and Security or the Dartmouth Director of Investigative Services to conduct an investigation. This investigation may include an interview with the relevant parties or witnesses.
After the investigation, if any, or after the meeting between the Senior Associate Dean and the accused student, the following process applies.
- The student will be notified in writing of the allegations against them, including a concise statement of the alleged facts which constitute the alleged violation.
- The student will have 5 business days to respond to the allegations in writing.
- A student may choose to admit to the charges as stated in the written notification. In such cases, the Senior Associate Dean will determine the appropriate penalty.
- If the student does not admit to the charges as stated, The Senior Associate Dean will refer the matter to a hearing committee to review the case.
- If denying the charges as stated, the student may include in their written response background evidence to be provided to the committee and may suggest witnesses for the hearing related to the issue may be provided to the committee prior to the hearing. The hearing committee will consist of two Thayer faculty and the Senior Associate Dean each of whom will be trained on the applicable procedures and standard of review. The Senior Associate Dean will notify the student of the members of the committee and the student will then have 2 calendar days to request that a member of the committee not participate in the hearing due to a potential conflict of interest; any request must be supported with an explanation and any relevant documentation. The Senior Associate Dean will review and make a final determination on any such request. Thayer is a small community; accordingly, knowledge of or acquaintance with the student and/ or witnesses in a hearing, awareness of a case, participation in campus issues related to the subject matter of a case, participation as a consequence of one's official role in events surrounding a case, and/ or participation in the disciplinary process prior to the hearing of the case shall not automatically be grounds for disqualification.
- A student may choose an advisor, from current Dartmouth faculty, staff, or students, to assist in the defense at a disciplinary hearing. The advisor's role is to assist the student in reviewing and understanding the procedures related to a hearing and to assist the student in obtaining answers to questions about the hearing. For this reason, many students request one of their department's faculty or staff familiar with the disciplinary system to serve as their advisor. While an advisor might appropriately help a student anticipate questions and issues likely to arise at a hearing, or provide feedback about the effectiveness of a student's written or oral presentation of the facts, the advisor does not function in the way an attorney would in a criminal or civil proceeding.
- The student may elect to have a private hearing or an open hearing, but the Senior Associate Dean may limit the number of persons at an open hearing, and may, if a disturbance occurs, order the hearing to be conducted in private. In cases where the need to protect privacy is, in the judgment of the Senior Associate Dean, important, the Senior Associate Dean may close the hearing over the objection of the charged student(s).
- A student may refuse to make any statement at the hearing. Such refusal shall not be considered as evidence against the student.
- The student shall have the right to hear and question any witnesses and to examine all other evidence introduced at the hearing. The student has the right to testify and present evidence and witnesses on his/her own behalf.
- The Senior Associate Dean shall base his or her decisions on matters of fact and solely upon evidence introduced at the hearing.
- Formal rules of evidence shall not apply. The Senior Associate Dean may consider any testimony or evidence unduly repetitious or immaterial, or to have been improperly obtained.
- The student will be informed, in writing, of the Senior Associate Dean's decision within a reasonable time (no more than one week after the hearing).
- If the results of the disciplinary hearing are to become a part of a student's record, either temporarily or permanently, notice shall be given to the student concerned.
- Requests for review may be made only on the basis of either or both of the following grounds:
- procedural error which has materially prejudiced the student’s case;
- newly discovered information which, had it been available at the time of the hearing, would likely have affected the outcome either with regard to a finding of responsibility or with regard to the sanction imposed (if the information was not reasonably available to the student at the time of the proceeding).
- The Dean of Thayer has the sole discretion to determine whether these grounds for review have been met. A request for review must be in writing and must set forth in reasonable detail the grounds for review, and must have attached to it any materials the student wishes to have considered in his or her request. The request, with all accompanying materials, must be submitted by the student to the Thayer School of Engineering within seven (7) days of the date the decision is written.
- Decisions by the Senior Associate Dean or Dean may be revealed to authorized College personnel, to the charged student, and, in appropriate circumstances, to the charged student's parents or guardian and the victim/complainant. In cases where the outcome will affect the visa status of an international student, the Dartmouth International Office will be notified by the appropriate registrar, and the student must comply with any change in federal immigration status which occurs.
- The Senior Associate Dean or Dean hearing a case may choose to comment publicly, in writing or otherwise, regarding the decision reached if, in the judgment of the Senior Associate Dean, the best interests of the community would be served by such disclosure. If possible and appropriate, the anonymity of the student(s) involved will be protected.