Resolution Processes

Before any Dean’s Office resolution processes are engaged, involved parties are encouraged to make every reasonable effort to constructively resolve breaches of community trust through peer confrontation and/or an Honor Council Proceeding. These are completely student-initiated processes that exist separately from Dean’s Office procedures, which are intended to address alleged violations of College policy and/or illegal activity. Involved parties choosing a student-initiated process should consider keeping written logs of information that can aid in other resolution processes should the matter remain unresolved.

There are several different pathways to resolution available to the Dean’s Office based on the nature of the report received. These include restorative, administrative, and disciplinary panel processes. The Dean’s Office collaborates with involved student parties to determine which resolution process to engage, but also reserves the right to convene a Dean’s Disciplinary Panel for any matter, particularly when the incident in question involves a significant community disruption, instance(s) of violence, or the threat of violence.

When a report is received by the Dean’s Office, a Convener is assigned to the case and initiates an intake process. The intake process entails reviewing relevant documents or other evidence, meeting with one or more parties, and/or other information gathering efforts. In most cases, a resolution pathway is determined immediately following the intake process, but the Dean’s Office reserves the right to initiate an investigation if it would be helpful for determining which resolution process to follow. The Dean’s Office will refer the report to the Associate Director for Investigations in Campus Safety or retain the services of an external investigator to complete the investigation before proceeding with a resolution process. Alleged violations of local, state, and federal laws may also necessitate the involvement of the appropriate law enforcement authorities.

Peer Confrontation

(Student initiated)

(excerpted from the Honor Code, section 3.06)

Confrontation, in the Haverford sense, refers to initiating a dialogue with a community member about a potential violation of the Honor Code [or College policy] with the goal of reaching a common understanding. It should be understood that achieving a common understanding does not necessarily mean reaching agreement. This process is a dialogue, in which the confronted party leans into discomfort and actively listens to acknowledge and understand the harm experienced by the confronting party in order to facilitate the restorative process. This process aims to restore any part of the confronting party’s trust in, respect for, and inclusion in the community that was lost due to the harm they experienced, as well as restore the confronted party to the community.

Honor Council Proceeding

(Student initiated)

(excerpted from the Honor Code, section 3.07b)

Honor Council’s task is to manage the administrative aspects of the Honor Code and to help resolve difficult situations and apparent violations of the community’s trust. Honor Council is charged with interpreting the sections of the Code that leave room for flexibility. It is, for example, Honor Council’s responsibility to decide if a situation warrants the convening of a trial or if it can be resolved through other means of dialogue and restoration. Although Honor Council trials are not intended as punitive proceedings, there are repercussions for violating the Code. The goals of Honor Council proceedings are threefold: to hold any individual who violated the Code accountable, to educate the individuals involved, and to restore individuals who violated the Code to the Haverford community. Such proceedings should also take into account the needs of the community.

Restorative Process

(Student or Dean's Office initiated)

The Dean’s Office may suggest a restorative process to address issues of harm to an individual, a group, or the campus community. Restorative Practices at Haverford (RP) describes their work as “[facilitating] conversations about misunderstanding, conflict, and harm, and mediat[ing] harms or disputes in a restorative way…. We organize and facilitate conversations—in the form of talking circles, community conferences, healing circles, and hybrids thereof—in order that all of us may be heard when we harm or are harmed, or perhaps are simply in need of some third-party facilitation.”

If all parties agree to participate in a restorative process, the matter will be referred to and facilitated by the RP team. The Dean’s Office reserves the right to request a follow-up meeting with any or all parties at the conclusion of the process to engage in dialogue and reflection about the learning that has transpired.

Administrative Conference

(Dean's Office initiated)

Through this resolution method, the confronted party will meet with a member of the Residential Education team (“the Convener”) to discuss the incident and the alleged violations. During this meeting the student will be afforded an opportunity to provide any information they wish that may be relevant to the incident in question. Students may provide witnesses or evidence related to the incident for the Convener to consider. The Convener may pose questions to the student and will discuss the information presented in the incident report or investigation report.

If the Convener determines there is not enough evidence to suggest the student is responsible for the violation(s), they may close the case.

If the confronted party accepts responsibility for the charges, they may request an administrative resolution by the Convener, where the Convener determines the outcomes. These outcomes may also take the form of repair or restorations. The confronted party may also propose actions they can take to remedy the situation. If the confronted party accepts the resolution, they waive their right to a dean’s disciplinary panel as well as any form of appeal.

If the confronted party wishes to challenge the outcomes or contest the findings of the Convener, they may request a referral of their case to a Dean’s Disciplinary Panel.

The Convener reserves the right to refer any matter to a Dean’s Disciplinary Panel, Title IX hearing, bias incident response team, or Honor Council proceeding.

If the confronted party chooses not to participate in the administrative conference by the given deadline, the Convener may proceed with the determination of responsibility and impose any sanctions.

Dean’s Disciplinary Panel

(Dean's Office initiated)

Notification

If the Convener makes a determination that a Dean’s Disciplinary Panel is an appropriate resolution pathway, they will notify the confronting party and the confronted party in writing (“Dean’s Disciplinary Panel Notification”). The Dean’s Disciplinary Panel Notification will specify the alleged violation in question. The Convener will appoint three trained staff members to comprise the Dean’s Panel, one of whom will serve as the Panel Chair. The identities of these individuals will be disclosed to the confronting and confronted parties in the Dean’s Disciplinary Panel Notification. If either confronting or confronted party believes that a member of the Panel should be replaced due to a conflict of interest, that party must direct their concern to the Convener within 24 hours of receipt of the Dean’s Disciplinary Panel Notification. Questions about any aspect of the Dean’s Disciplinary Panel process, once convened, should be referred to the Panel Chair.

The inclusion of the specific violation(s) in the Dean’s Disciplinary Panel Notification in no way precludes the investigation of any additional incidents or issues, i.e., other potential violations, that may be revealed once the process is underway. If additional incidents or issues are revealed that may require consideration by Honor Council or the Panel, the Panel Chair will inform the Convener, who will decide if the new potential violations should be addressed in a separate proceeding. If the Convener decides that all potential violations should be addressed by the Panel hearing the case, the parties will be given an opportunity to respond to the new violations.

Preparation Meeting

Prior to the start of the Panel’s formal process, the confronting and confronted parties will have separate meetings with the Panel Chair to discuss the Dean’s Disciplinary Panel process. Each party will be consulted for availability, but the scheduling of the Panel is ultimately at the discretion of the Panel Chair. The College strives to achieve prompt resolution of all such complaints and, therefore, cannot acquiesce to all scheduling requests.

At their individual meetings, the confronted and confronting parties will each be permitted to review the statement made by the other party as part of the investigation, and requested to provide a written response delivered to the Panel Chair at least 48 hours prior to the start of the Panel proceedings. These responses will be made available to the confronted and confronting parties prior to the start of the Panel proceedings , and shared with the Panel members.

Hearing Witnesses

If either party desires to present witnesses, that party must submit a list of potential witnesses, with a brief description of their knowledge of the events in question, to the Panel Chair at least 24 hours prior to the beginning of the hearing. The relevance of the witnesses to the event(s) under investigation will be determined by the Panel Chair. Individuals whose identity and knowledge of the events were ascertained as part of the investigation may also be called, at the discretion of the Panel Chair.

The Panel Chair will determine whether the witnesses will be asked to present information relevant to the proceedings and whether this should be presented in person, in writing or via electronic media. Once this determination has been made, the Panel Chair will promptly contact the witnesses. Any written statement or other information provided by a witness will be available for review by both parties at the hearing. Both parties and all Panel members may pose questions to the witnesses during the proceeding if the witnesses are present. Witnesses are prohibited from discussing the case with others.

Support Persons

The confronting and confronted parties each have the right to a support person, who must be a member of the Haverford College community (student, faculty, staff, administration only). The support person cannot be a witness in the proceedings. The support person is a silent and non-participating presence who is there solely to observe and provide moral support throughout the entire process. This person is not to address the Panel, except to ask for a short recess if one of the parties requires some time to compose themselves or collect their thoughts. The Panel Chair has the right at all times to determine what constitutes appropriate behavior on the part of a support person and whether the person may remain at the proceedings. While the support person may be present to hear information, they cannot have access to any written materials pertaining to the case. Support persons are prohibited from discussing the case with others.

Timetable

The Dean’s Disciplinary Panel will normally begin its formal proceedings no earlier than five business days and no later than fifteen business days after the parties have been sent the Dean’s Disciplinary Panel Notification.
Hearing sessions may last no more than two hours at a time unless all parties to the proceeding agree on an extension.
Once the Panel is convened, it will meet as frequently as schedules will allow until the proceedings are completed.
Panels may meet more than two hours on any given day, but absent extenuating circumstances, may not meet for more than a total of four hours in any 24-hour period.
A Panel should conclude its work within three weeks from the first date upon which a meeting is held. If the Panel determines that more time may be needed, it may petition in writing the Convener, who may approve an additional extension of no more than one week.
If an investigation or a hearing involving a graduating senior as the confronted party is not concluded prior to Commencement, the Dean of the College will determine whether the student may participate in graduation ceremonies. The confronted party’s diploma may be withheld pending the conclusion of the Dean’s Disciplinary Panel and fulfillment of any resolutions, which may include the withholding of the diploma altogether.
In cases in which a Panel is convened when the College is not in session and/or either of the parties is not currently enrolled, every effort will be made to preserve the framework as described in preceding sections, but the College reserves the right to make any necessary modifications to move the proceedings forward.

Formal Proceedings

The panel will begin with a moment of silence, followed by introductions of all Panel members, confronted and confronting parties and any support persons.
Any written materials will be distributed to both parties for reference during the hearing.
No one from outside of the Haverford College community may be present at the hearing. This includes parents, siblings, other relatives or attorneys.
The Panel Chair will decide if questions may be posed directly to the confronting party, directed to the Chair who would, in turn, pose the questions, or submitted in writing.
The Panel will not permit questions from and to any party that are harassing or irrelevant, or that would otherwise unduly prolong or disrupt the proceedings.
The confronting party will be permitted to speak first, summarizing and/or elaborating on their written statement and the response of the confronted party.
Following the confronting party’s statement, questions may be posed by Panel members.
After the Panel members have asked their questions, the confronted party may ask questions.
Once all questions to the confronting party have been posed, the confronted party will be asked to speak, summarizing and/or elaborating on their written statement and the response from the confronting party.
Following the confronted party’s statement, questions may be posed by the Panel.
After the Panel members have asked their questions, the confronting party may ask questions of the confronted party.
Following this phase, the Panel may ask any additional questions of any of the parties to the hearing.
At this point, any witnesses will be called in the order determined by the Panel Chair, and/or any written statements from witnesses who are not present shared with all participants.
Each witness will be asked to summarize their knowledge of the events at issue in the hearing. After this, questions may be posed, first by Panel members, then, in turn, by the confronting and confronted parties until all relevant questions have been posed.
Each party will be given the opportunity to make a closing statement, beginning with the confronting party.
At the discretion of the Panel Chair, in consultation with the Convener, parties may be permitted to participate in the hearing via Zoom, telephone or some other electronic means in order to ensure a prompt resolution of the complaint. Such participation will not constitute grounds for appeal.

Failure to Appear

Should a confronted party fail to appear before the Panel, the Panel may proceed in their absence, and they will be bound by any resolutions determined by the Panel. They will not be permitted to call witnesses, have access to their statements, participate in developing resolutions, or appeal the Panel’s decision.

Interim Measures

In the case of violence or threat of violence where there is a concern for the safety of the community, the Dean of the College, in consultation with the Convener, Panel Chair, and the Director of Campus Safety, will determine whether certain interim remedial measures or resolutions are necessary at any point during the investigation and Panel process. Interim measures and resolutions might include, for example, temporary suspension, the issuance of a no contact directive, a change in residence hall assignments, or other actions. This determination may be revisited, if appropriate, at any point during the investigation and Panel process.

Resolutions

The Panel will meet privately to reach consensus on a statement of violation of the Honor Code and/or College policy and determine resolutions based on and appropriate to any statement of violation.
In determining appropriate resolutions when a violation of College policy is found, the Panel will attempt to balance student accountability with an educational/restorative response. In considering appropriate resolutions, the Panel will consider the following factors:
- Prior conduct history
- How the College has sanctioned similar past incidents
- Nature of the violation
- Impact and desired resolutions of confronting party
- Impact of the violation on the College community, its members, or its property
- Acceptance of responsibility
- Likelihood to engage in similar acts in the future
- Any other mitigating factors or circumstances, including the College’s values.
Once the Panel has reached tentative consensus on a statement of violation and any resolutions, the Panel will inform the confronted party and the confronting party in writing via letter from the Panel Chair.
After the Panel informs the party or parties of the tentative resolutions, there will be a break (approximately 24-48 hours), during which the Panel will confer with the party or parties as appropriate to hear their responses/reactions to the tentative resolutions.
The Panel will then re-convene privately to reach consensus on the final resolutions, which will be presented to the confronted and confronting parties in writing via letter from the Panel Chair.

Appeals

Both parties have the right to appeal a finding of violation and/or a resolution imposed by the Panel Chair.
- Students who accept a resolution from an administrative conference may not appeal their outcome to the Dean.
Appeals are limited to 1,500 typewritten words and must be submitted to the Dean of Student Life within five calendar days of the decision being issued.
Grounds for Appeals
- An appeal to the Dean must be based on at least one of the following limited grounds:
  - Procedural irregularity that affected the resolution.
  - New evidence that was not reasonably available at the time the findings were concluded that could affect the resolution of the matter; or
  - The investigator or a panel member had a conflict of interest or bias for or against confronting or confronted parties generally, or the individual confronting or confronted party that affected the resolution of the matter.
- Dissatisfaction with the resolution is not a valid basis for appeal. In addition, appeals are not intended to be a rehearing of the matter. The scope of the appeal stated above and limited to the grounds for appeal included in the written appeal submissions.
- In any request for an appeal, the burden of proof lies with the party requesting the appeal, because the outcome will be presumed to have been decided reasonably and appropriately.
Appeals will be reviewed by the Dean of Student Life or designee. If the appeal is properly filed based on this policy, and may meet one or more of the above listed criteria, the appeal will be referred to the Dean of the College for review.
Once the Dean of Student Life or designee reviews a request for appeal and determines that the request meets the criteria, the Dean of the College may, at their discretion, choose to hold a meeting with the appealing party, or they may decide the matter based on written submissions. If the Dean decides to conduct a meeting, the appellant may be invited to attend.
The Dean’s role is limited to reviewing the hearing record and the information present in the appeal with one exception: if the appeal raises procedural errors, the Dean may, if necessary to resolve the appeal, interview the investigator and/or a representative from the Dean’s Division at any meeting to gather more information about the alleged procedural error(s).
After reviewing all written appeal submissions and the written outcome of the hearing panel, the Dean may:
- Affirm the outcome;
- Return the matter to the Dean of Student Life with instructions to reconvene the hearing panel to cure a procedural error, call witness(es), consider newly discovered evidence, assess the weight and impact of newly discovered information, or reassess not previously considered information;
- Where deemed necessary by the Dean, convene a hearing before a newly constituted panel to rehear the matter; or
- Change the sanctions
The outcome of the Dean’s appeal will be made in writing to the confronted and confronting parties within 15 business days of the meeting or, if no meeting was convened, within 15 business days from when all written appeal submissions were received. The decision of the Dean is final.

Revised August 2023

Student Life